Buzbee v. Donnelly

SOSA, Senior Justice, and WOOD, Senior Judge,

dissenting.

We dissent from the holding that the prosecutor had no duty to present defendants’ exculpatory statements to the grand jury. We specially concur with the remainder of the majority’s opinion.

A grand jury determines whether there is probable cause to accuse, and also protects persons against unfounded accusations. § 31-6-10, N.M.S.A.1978 (Cum.Supp.1980). See Baird v. State, 90 N.M. 667, 568 P.2d 193 (1977). In performing these functions, a grand jury hears evidence presented by the prosecutor. The Legislature has directed the prosecutor to…