New Mexico Supreme Court

State v. Marquez

October 12, 2023539 P.3d 303

Summary

The New Mexico Supreme Court held that the lewd and lascivious disposition exception to Rule 11‑404(B)(1) is abrogated, vacated Isaac Marquez’s conviction, and remanded for the district court to decide whether the prior‑act evidence is admissible under Rule 11‑404(B)(2). The Court also declined to apply the right‑for‑any‑reason doctrine because the issue was unpreserved.