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State v. Hernandez

Citations

  • 987 P.2d 1156
  • 127 N.M. 769
  • 1999 NMCA 105

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that in a bench trial “the judge often hears evidence or argument that [they] must subsequently disregard when functioning as fact- finder”
  • stating that even when “circumstances [do] not necessitate a finding of excited utterance,” if the circumstances are “sufficient to support such a finding[,]” we will “uphold the trial court’s exercise of its broad discretion”
  • “We presume that a judge is able to properly weigh the evidence, and thus the erroneous admission of evidence in a bench trial is harmless unless it appears that the judge must have relied upon the improper evidence in rendering a decision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pickard, Hartz, Sutin

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

18 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.