Legal Opinion

State v. Durant

New Mexico Court of Appeals

Decided June 30, 2000No. 20,564, 20,660PublishedCited by 16 opinions

1Opinion of the Court

OPINION

PICKARD, Chief Judge.

{1} We consolidate these appeals for opinion because they raise the common question of whether a conditional discharge order in a criminal case is a sufficiently final order to allow an appeal from it. We hold that a conditional discharge order in a felony prosecution is sufficiently final to be appealable, but that a similar order in a criminal contempt prosecution is not, at least when the order does not require any action or behavior on the part of the contemnor other than to obey the law in the future. We therefore dismiss Henning’s appeal and proceed to decide…

2Cases cited22 opinions

  1. Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
  2. State v. SalgadoNew Mexico Supreme Court · 1999
  3. State v. SegottaNew Mexico Supreme Court · 1983
  4. State v. VigilNew Mexico Supreme Court · 1975
  5. State v. WrightNew Mexico Court of Appeals · 1972

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. VaughnNew Mexico Court of Appeals · 2005
  2. State v. EstradaNew Mexico Court of Appeals · 2001
  3. State v. LohbergerNew Mexico Supreme Court · 2008
  4. State v. WynnNew Mexico Court of Appeals · 2001
  5. State v. HornbeckNew Mexico Court of Appeals · 2008

11 more not listed; retrieve them via the Exa API.

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