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State of New Mexico v. Nicholas Schmidt, a/k/a Nicholas Andrew Schmidt
Date: 04-07-2026
Case Number: A-1-CA-41744
Judge: District Court, Bernalillo County, New Mexico
Court: Stan Whitake
Plaintiff's Attorney: Bernalillo County, New Mexico, District Attorney's Office
Defendant's Attorney:
Click Here For The Best Albuquerque Criminal Defense Lawyer Directory
Description:
Albuquerque, New Mexico, criminal defense lawyer represented the Defendant charged with child abuse and failure to report1 child abuse or neglect.
Defendant and his spouse were charged with child abuse and failure to report
child abuse or neglect. The State filed a motion that sought a ruling from the district
court about whether the spousal privilege would apply to the text messages or if the
Rule 11-505(D)(1)(a) exception would permit the admission of the evidence. After4
a hearing, the district court ruled that the spousal privilege applied, because the Statehad not demonstrated a “significant indicia of a—parental kind of relationship6
status.”
Defendant and his spouse were charged with child abuse and failure to report
child abuse or neglect. The State filed a motion that sought a ruling from the district
court about whether the spousal privilege would apply to the text messages or if the
Rule 11-505(D)(1)(a) exception would permit the admission of the evidence. After4
a hearing, the district court ruled that the spousal privilege applied, because the Statehad not demonstrated a “significant indicia of a—parental kind of relationship6
status.”
Outcome:
Reversed and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of New Mexico v. Nicholas Schmidt, a/k/a Nicholas A...?
The outcome was: Reversed and remanded.
Which court heard State of New Mexico v. Nicholas Schmidt, a/k/a Nicholas A...?
This case was heard in Stan Whitake, NM. The presiding judge was District Court, Bernalillo County, New Mexico.
Who were the attorneys in State of New Mexico v. Nicholas Schmidt, a/k/a Nicholas A...?
Plaintiff's attorney: Bernalillo County, New Mexico, District Attorney's Office. Defendant's attorney: Click Here For The Best Albuquerque Criminal Defense Lawyer Directory.
When was State of New Mexico v. Nicholas Schmidt, a/k/a Nicholas A... decided?
This case was decided on April 7, 2026.