In re Garrison P.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} This case presents a number of errors in the conduct of a juvenile proceeding. Garrison P. (Child) was tried for the offense of aggravated battery on Kathleen Thomas (Thomas). At the close of trial, the prosecution sought and obtained leave from the court to amend the delinquency petition to add a new charge in conformance with the evidence adduced in the adjudicatory hearing. We hold that allowing such a motion is not permitted by the Children’s Court Rules and that Child was denied due process by the court’s action. Also, in conformance with our recently filed…
2Cases cited18 opinions
- Schmuck v. United StatesSupreme Court of the United States · 1989
- State v. MeadorsNew Mexico Supreme Court · 1995
- State v. JacobsNew Mexico Supreme Court · 2000
- State v. SantillanesNew Mexico Supreme Court · 2001
- State v. GallegosNew Mexico Court of Appeals · 1989
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3Cited by2 opinions
- Logan v. Public Employees Retirement Ass'nDistrict Court, D. New Mexico · 2016
- In re Marlon C.New Mexico Court of Appeals · 2002