Legal Opinion
State v. Lopez
New Mexico Court of Appeals
Decided January 18, 1983No. 5902PublishedCited by 12 opinions
1Opinion of the Court
OPINION
WALTERS, Chief Judge.
The State appeals an order of the trial court dismissing a criminal indictment with prejudice on the ground that the State was not ready to proceed on the date set for trial.
The State announced at the outset that if defendant would stipulate to the admissibility of videotapes, the case could be tried. The officer who had the videotapes, however, had not been subpoenaed in accordance with N.M.R.Crim.P. 48(a), N.M.S.A. 1978 (1982 Cum.Supp.), and was then on his honeymoon. Noting that a proper subpoena had not been served, defendant moved to dismiss. The trial court…
2Cases cited13 opinions
- United States v. Willie Eugene ClayCourt of Appeals for the Seventh Circuit · 1973
- State v. DuranNew Mexico Supreme Court · 1978
- United States v. Joseph Fernandes CorreiaCourt of Appeals for the First Circuit · 1976
- State v. MaresNew Mexico Court of Appeals · 1979
- State v. PeavlerNew Mexico Supreme Court · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Jamestown v. SnellmanNorth Dakota Supreme Court · 1998
- State v. CandelariaNew Mexico Court of Appeals · 2008
- State v. CARLOS A.New Mexico Court of Appeals · 1996
- State v. HicksNew Mexico Court of Appeals · 1986
- State v. JonesSupreme Court of Vermont · 1991
7 more not listed; retrieve them via the Exa API.