Bullcoming v. New Mexico
Is it still good law? What later courts have actually done to this case.
Status
76 later cases cite Bullcoming v. New Mexico; 76 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Bullcoming v. New Mexico?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The New Mexico Court of Appeals declined to extend Bullcoming to an expert's independent opinion about an autopsy when the original report was not admitted and the expert had not performed the autopsy.
State v. Gonzales · New Mexico Court of Appeals · filed
In the realm of Confrontation Clause analysis, we, too, refuse to extend the holdings of Crawford, Melendez-Diaz, and Bullcoming II and to toss a blanket ban on the testimony of an expert witness about the circumstances of the death of the victim in those instances when the expert did not perform the autopsy and the autopsy report has not been admitted into evidence.
Read the full opinion on CourtListener → -
The Ninth Circuit held that Bullcoming could not supply clearly established federal law for AEDPA review of a state adjudication made before Bullcoming was decided.
Meras v. Sisto · Ninth Circuit · filed
Meras relies on three Supreme Court decisions: Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), and Bullcoming v. New Mexico, — U.S. -, 131 S.Ct. 2705, 180 L.Ed.2d 610 (2011). Of these, only Crawford was decided before the Court of Appeal affirmed Meras’s conviction, so only Crawford constitutes “clearly established Federal law” for purposes of our review.
Read the full opinion on CourtListener →
Does this case still carry your argument?
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