Legal Opinion
State v. Smith
New Mexico Court of Appeals
Decided December 18, 2008No. 27,704PublishedCited by 23 opinions
1Opinion of the Court
OPINION
ALARID, Judge.
{1} This case arises from a pretrial district court dismissal of a count of manufacturing child pornography under NMSA 1978, Section 30-6A-3(D) (2001, prior to 2007 amendment). The sole issue in this ease is whether the facts alleged by the State in pretrial proceedings, if proven, would be sufficient to constitute manufacturing under Section 30-6A-3(D).
{2} The State’s main argument is that the district court’s dismissal of the manufacturing count is contrary to express definitions and plain language of the Sexual Exploitation of Children Act (the Act). We agree the…
2Cases cited17 opinions
- Osborne v. OhioSupreme Court of the United States · 1990
- State v. OgdenNew Mexico Supreme Court · 1994
- Santillanes v. StateNew Mexico Supreme Court · 1993
- State v. FrazierNew Mexico Supreme Court · 2007
- United States v. Eddie Eugene NorrisCourt of Appeals for the Fifth Circuit · 1998
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. JohnsonNew Mexico Supreme Court · 2009
- Starko, Inc. v. PRESBYTERIAN HEALTH PLANNew Mexico Court of Appeals · 2011
- State v. OlssonNew Mexico Supreme Court · 2014
- Starko, Inc. v. Presbyterian Health Plan, Inc.New Mexico Court of Appeals · 2012
- State v. TsosieNew Mexico Court of Appeals · 2011
18 more not listed; retrieve them via the Exa API.