State v. Martinez

DANIELS, Justice.

{1} In this case we address whether a court may dismiss an indictment because evidence considered by the grand jury had been developed through use of unlawful subpoenas. We confirm almost a century of judicial precedents in New Mexico and hold that, *569 absent statutory authorization, a court may not overturn an otherwise lawful grand jury indictment because of trial inadmissibility or improprieties in the procurement of evidence that was considered by the grand jury.

I. BACKGROUND

{2} Defendants Isaac Martinez and Carla Casias were each indicted on one count of armed robbery and…