Legal Opinion
In re Marlon C.
New Mexico Court of Appeals
Decided October 25, 2002No. 22,366PublishedCited by 5 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} In In re Garrison P., 2002-NMCA-094, ¶¶ 10, 12, 132 N.M. 626, 52 P.3d 998, we held that permitting the amendment of a delinquency petition after completion of the trial so that the petition charged a previously uncharged act against a different victim was a violation of the Children’s Court Rules, a violation of due process, and basically unfair. In this case, we must decide whether the same reasoning applies to an amendment to charge a previously uncharged act against the same victim, even though the uncharged act (assault) is generally a lesser included offense of…
2Cases cited7 opinions
- State v. MeadorsNew Mexico Supreme Court · 1995
- State v. ContrerasNew Mexico Supreme Court · 1995
- State v. DeMaryNew Mexico Supreme Court · 1982
- State v. StephensNew Mexico Supreme Court · 1979
- State v. DarkisNew Mexico Court of Appeals · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. BranchNew Mexico Court of Appeals · 2016
- State v. BranchNew Mexico Court of Appeals · 2018
- State v. VillaNew Mexico Court of Appeals · 2003
- State v. VillaNew Mexico Court of Appeals · 2003
- State v. VillaNew Mexico Court of Appeals · 2003