Crespin v. State of New Mexico

144 F.3d 641
CourtCourt of Appeals for the Tenth Circuit
DecidedMay 7, 1998
Docket97-2046
StatusPublished
Cited by23 cases

This text of 144 F.3d 641 (Crespin v. State of New Mexico) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crespin v. State of New Mexico, 144 F.3d 641 (10th Cir. 1998).

Opinions

LUCERO, Circuit Judge.

This case requires us to revisit the appropriate standard to be applied under the federal Confrontation Clause when determining the admissibility of a non-testifying accomplice’s. confession. We conclude that an incorrect standard was applied.

Felix Crespin is a prisoner in New Mexico state custody,- convicted of armed robbery and related charges. He seeks habeas relief, contending that the admission at trial of the custodial confession of a non-testifying co-defendant violated his rights under the Confrontation Clause of the Sixth Amendment. The United States district court dismissed with prejudice Crespin’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We agree with petitioner that admission of the confession amounted to constitutional error. Applying harmless error review, we deny habeas relief.' -

I

On June 5, 1990, Crespin and co-defendants Rebecca Miles and Albert Fuentes were charged with armed robbery, conspiracy to commit armed robbery, aggravated battery, and conspiracy to commit aggravated battery in connection with a hold-up and stabbing at an Allsup’s convenience store in Albuquerque, New Mexico in the early morning hours of May 22, 1990. Crespin and Miles were also charged with evading an officer and Miles with tampering with evidence. Miles and Fuentes pled no contest to reduced charges. Miles was sentenced to nine years in prison, six of which were suspended, and Fuentes to eighteen months, three of which were suspended.

At Crespin’s' trial, the prosecution called Miles- to testify. Miles, who was represented by an attorney, declined to answer any questions about the robbery. Although the trial court ordered her to respond, and she was [644]*644advised that she had no Fifth Amendment privileges as a result of her plea, she steadfastly refused to testify. The trial court held her in summary contempt.

The government then moved to admit into evidence Miles’s out-of-court statement to the police. Asserting that Miles was an unavailable witness, the government contended that the statement, in which she confessed to the crime, qualified as a hearsay exception under New Mexico Rule of Evidence 11-804(B). The trial court granted the request, concluding that the statement contained sufficient indicia of reliability to satisfy Confrontation Clause concerns under both the New Mexico and United States Constitutions.

Police Officer Jeff House, who took Miles’s confession the morning of May 25, 1990, was subsequently called to the stand. House testified that Miles offered the statement “openly and willingly,” and no threats or promises were made in exchange. He then read an edited version of Miles’s statement, in which she recounts that at about 1:30 a.m. on Tuesday, May 22, 1990, while she was buying a quart of whiskey, some friends of hers were approached by two men in a car. As Miles approached the car, she saw “ ‘a big old knife sticking out of both of their waists of their pants.’ ” Trial Tr. Vol. II at 155. After her friends left, the two men, whom Miles did not know, offered her a ride, and Miles, who was “‘already buzzing by then,”’ got into then-car. Id. Her statement continues:

“They drove around and wouldn’t let me out. One of them said, T need some money.’ And I didn’t have any money to give them because I had just bought that booze. “I started drinking some more of the Jack Daniels because I was scared. They were acting all freakie____
“[W]e went into the Allsup’s. They told me to run in. He told me to run in and do it. I told him I didn’t want to do it, that I was scared. I had never done that before and I was all drunk already.
“They put the knife in my hand by the door of the Allsup’s. And I guess that’s where I approached the clerk guy in the store. I don’t remember stabbing him, but I remember seeing a lot of blood and ... the other [guy] standing next to me telling me [to] open the cash register. He had a knife too.
“I remember grabbing some ones from the cash register and slipping over a bunch of cigarettes and I guess his blood, too. We were running to the car. The other guy pushed me in the middle and took the knife from me____
“I was all scared and I didn’t know what to do. We took off quick and went around the corner.”

Id. at 155-56.

According to Miles’s statement, as the three were fleeing in the car she spotted a police officer and 'tried futilely to get the others to stop. Eventually, she kicked the driver and forced the car to stop. She was then grabbed by the male passenger who told her to run. Miles continues: “ T didn’t to run [sic] becaus'e I was scared. I ran and crawled under a trailer____ I left the money there because I didn’t want it. Then I climbed over a fence and that’s when the police came up and arrested me.’” Id. at 157.

After Miles made her statement, Officer House asked her a number of questions. He read this question-and-answer exchange to the jury as well. In response to House’s questions, Miles indicated that robbing the store was her accomplices’ idea:

“QUESTION: Before you got to the Allsup’s, did they discuss or tell you how they wanted you to do this robbery?
“ANSWER: They just said to run in and do it and that they would be behind me. And I said, ‘Okay, but just don’t get me in trouble.’ I knew I was doing something wrong.
“QUESTION: Do you remember which one of the male subjects gave you the knife before you entered the Allsup’s?
“ANSWER: The one with the tattoos, the one in the passenger side.
“QUESTION: Did the passenger go into the Allsup’s with you?
“ANSWER: Yes.”

[645]*645Id. at 159-60. Miles could remember few details about either the stabbing or the robbery:

“QUESTION: Do you remember stabbing ■ the clerk at the Allsup’s?
“ANSWER: If I did, I’m sorry. I didn’t mean to do that. I don’t remember anything .about that.
“QUESTION: Do you remember saying anything to the clerk?
“ANSWER: No, I don’t.
“QUESTION: Did the other subject who went into the Allsup!s with you, the passenger with the tattoos, stab the clerk at any time?
“ANSWER: I don’t know.
“QUESTION: Do you remember if the subject who went into the Allsup’s with you said anything to the clerk?
“ANSWER: Yes. He was telling the clerk to open the cash register.”

Id. at 160-61. Miles also suggested that she was intimidated because the two m'en had weapons:

“QUESTION: In your opening statement you stated the two male subjects showed you their knives. Did you ever use these knives to—did they ever use these [knives] to threaten you or forcé you to do anything you didn’t want to do?
“ANSWER: I thought that they were- going to use the knives against me if I didn’t do what they wanted me to do. I was scared. But they never actu- .

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144 F.3d 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crespin-v-state-of-new-mexico-ca10-1998.