Legal Opinion

State v. Ulibarri

New Mexico Supreme Court

Decided February 21, 2000No. 26,027PublishedCited by 27 opinions

1Opinion of the Court

OPINION

MINZNER, Chief Justice.

{1} This Court granted certiorari in these consolidated cases. These eases involve the issue of whether a prosecutor is required to instruct the grand jury, on the record, of the essential elements of offenses it is to consider. It is the opinion of a majority of this Court that we adopt the opinion of the Court of Appeals. State v. Ulibarri, 1999-NMCA-142, 128 N.M. 546, 994 P.2d 1164. Ulibarri states that in a grand jury proceeding “instruction on the record is necessary.” Id. ¶ 1. The procedure followed in these cases does not satisfy the mandated…

2Cases cited3 opinions

  1. Buzbee v. DonnellyNew Mexico Supreme Court · 1981
  2. State v. UlibarriNew Mexico Court of Appeals · 1999
  3. Maldonado v. StateNew Mexico Supreme Court · 1979

3Cited by27 opinions

  1. State v. SantillanesNew Mexico Supreme Court · 2001
  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. State v. GallegosNew Mexico Supreme Court · 2009

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