Legal Opinion

State v. Ulibarri

New Mexico Court of Appeals

Decided December 2, 1999No. 19,126, 19,451PublishedCited by 20 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} These consolidated cases present the same issue: Whether a prosecutor is required to instruct the grand jury on the record of the essential elements of offenses it is to consider. We determine that instruction on the record is necessary, and for the reasons discussed herein we affirm the order of dismissal in State v. Ulibarri & Popplewell, No. 19,126, and reverse the order in State v. Montoya, No. 19,451.

FACTS AND PROCEEDINGS

State v. Ulibarri and Popplewell

{2} On June 18, 1997, the district attorney for the Second Judicial District presented the State’s case…

2Cases cited19 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Linkletter v. WalkerSupreme Court of the United States · 1965
  4. Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
  5. Wood v. GeorgiaSupreme Court of the United States · 1962

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3Cited by20 opinions

  1. Kersey v. HatchNew Mexico Supreme Court · 2010
  2. Diaz v. Paul J. Kennedy Law FirmCourt of Appeals for the Tenth Circuit · 2002
  3. State v. ForbesNew Mexico Supreme Court · 2005
  4. State v. MascareñasNew Mexico Supreme Court · 2000
  5. Chapman v. LeMasterCourt of Appeals for the Tenth Circuit · 2002

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

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