Legal Opinion
State v. Isaac M.
New Mexico Court of Appeals
Decided September 7, 2001No. 21,792PublishedCited by 15 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} This appeal raises a single issue: whether the State may proceed by criminal information after a no-bill is returned by a grand jury. We conclude that NMSA 1978, § 31-6-11.1 (1979), which prohibits the State from resubmitting a case to the grand jury if a grand jury has previously returned a no-bill, does not apply when a prosecutor seeks to proceed by information. We further conclude that the issue in this case continues to be controlled by State v. Chavez, 93 N.M. 270, 599 P.2d 1067 (Ct.App.1979), in which we interpreted the law of re-submission prior to the…
2Cases cited24 opinions
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
- State v. RowellNew Mexico Supreme Court · 1995
- State v. NunezNew Mexico Supreme Court · 1999
- State v. Jonathan M.New Mexico Supreme Court · 1990
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Richardson v. Fifth Judicial District Nominating CommissionNew Mexico Supreme Court · 2007
- State v. LopezNew Mexico Supreme Court · 2013
- National Union of Hospital & Health Care Employees District No. 1199 v. Board of RegentsNew Mexico Court of Appeals · 2010
- State v. FollinCourt of Appeals of South Carolina · 2002
- Peña Blanca Partnership v. San Jose De Hernandez Community DitchNew Mexico Court of Appeals · 2008
10 more not listed; retrieve them via the Exa API.