New Mexico Supreme Court
State v. Largo
May 21, 20121 N.M. Ct. App. 698
Summary
The Court affirmed Defendant's convictions for deliberate first-degree murder and tampering with evidence. It held that the victim's statements identifying Defendant as the shooter were nontestimonial because they were made during an ongoing emergency and were elicited primarily to enable police and emergency assistance, and it further held that the statements were admissible as dying declarations. The Court also concluded that the evidence was sufficient for a rational jury to find deliberate intent.