Legal Opinion
State v. Brinkley
New Mexico Supreme Court
Decided May 29, 1967No. 8271PublishedCited by 17 opinions
1Opinion of the Court
OPINION
COMPTON, Justice.
This is an appeal from an order denying the appellants’ motions filed pursuant to § 21-1-1(93), N.M.S.A.1953, being Rule 93, our Rules of Civil Procedure, to set aside sentences imposed upon them. Error is claimed because the court did not require their presence at the hearing on the motions. It is first contended that subsection (c) of Rule 93 contravenes Art. 2, § 14 of the New Mexico Constitution. Subsection (c) of Rule 93 provides:
“ * * * A court may entertain and determine such motion without requiring the production of the prisoner at the hearing.”
The…
2Cases cited5 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- State v. FranklinNew Mexico Supreme Court · 1967
- State v. WeddleNew Mexico Supreme Court · 1967
- Charles R. Luse v. United StatesCourt of Appeals for the Tenth Circuit · 1964
- Associates Discount Corporation v. DeVilliersNew Mexico Supreme Court · 1964
3Cited by17 opinions
- Lowe v. BloomNew Mexico Supreme Court · 1990
- State v. GilbertNew Mexico Supreme Court · 1967
- State v. GutierrezNew Mexico Court of Appeals · 1968
- State v. AaronNew Mexico Court of Appeals · 1985
- State v. Notah-HunterNew Mexico Court of Appeals · 2005
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