Legal Opinion
Rogers v. State
New Mexico Court of Appeals
Decided February 19, 1980No. 4380PublishedCited by 15 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant moved to dismiss the indictment on the ground that the “notice” requirements of § 31-6-ll(B), N.M.S.A. (Supp.1979) had not been met. The trial court denied the motion; we granted an interlocutory appeal.
The “notice” provision of § 31-6-ll(B), supra, was enacted in 1979. It reads:
B. It is the duty of the grand jury to weigh all the evidence submitted to it, and when it has reason to believe that other competent evidence is available that may explain away or disprove a charge or accusation or that would make an indictment unjustified, then, it should order the…
2Cases cited8 opinions
- State v. MaresNew Mexico Court of Appeals · 1979
- State v. ReeseNew Mexico Court of Appeals · 1977
- State v. O'NEILNew Mexico Court of Appeals · 1978
- City of Albuquerque v. JuarezNew Mexico Court of Appeals · 1979
- Myers Ex Rel. White v. KapnisonNew Mexico Court of Appeals · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. GarciaNew Mexico Court of Appeals · 1982
- State v. TrammelNew Mexico Court of Appeals · 1983
- State v. CruzNew Mexico Supreme Court · 1983
- State v. HallNew Mexico Court of Appeals · 1985
- State v. TrammelNew Mexico Court of Appeals · 1983
10 more not listed; retrieve them via the Exa API.