State of New Mexico v. Nicholas Schmidt a/k/a Nicholas Andrew Schmidt

Summary

The New Mexico Court of Appeals considers whether the spousal privilege protects communications between spouses concerning the abuse of a foster child. The court holds that a foster child in the care of one or both spouses is “a child of either” under Rule 11-505(D)(1)(a) NMRA, triggering the exception to the privilege. The court reverses and remands the district court’s exclusion of the communications.

Holdings

1. A child entrusted by the state to the care of licensed foster parents is "a child of either" spouse for purposes of the Rule 11-505(D)(1)(a) exception to the spousal privilege.
2. No additional factual showing of a significant indicia of parental status, a long-term relationship, or a particular degree of parental attachment is necessary when the spouses share a formal foster-parent relationship with the child.
3. The Court of Appeals reviews the interpretation of Rule 11-505(D)(1)(a) and its application to the facts de novo.

Questions Presented

1. Whether the phrase "a child of either" in Rule 11-505(D)(1)(a) NMRA includes a foster child placed in the care of one or both spouses.
2. Whether the State was required to prove that the foster-parent relationship had a significant indicia of parental status or would be long term before the spousal-privilege exception applied.
3. What standard of review governs the interpretation and application of Rule 11-505(D)(1)(a) NMRA.

Disposition

reversed_and_remanded