Legal Opinion
State Ex Rel. Whitehead v. Vescovi-Dial
New Mexico Court of Appeals
Decided October 23, 1997No. 17715PublishedCited by 14 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
1. Article II, Section 14 of the New Mexico Constitution provides an accused with a right to a preliminary examination before a magistrate to determine whether there is probable cause to be bound over for trial. This appeal questions whether the state has a similar right to insist upon a preliminary examination if it has been waived by the accused. In an issue of first impression in New Mexico, we hold that the Constitution grants the state no such right, and we reverse.
BACKGROUND
2. In February 1996, Defendant, Cayetano Zamarron, was arrested on charges of first-degree…
2Cases cited27 opinions
- State v. GonzalesNew Mexico Supreme Court · 1992
- State Ex Rel. Clark v. JohnsonNew Mexico Supreme Court · 1995
- People Ex Rel. Daley v. MoranIllinois Supreme Court · 1983
- State v. HerreraNew Mexico Court of Appeals · 1978
- State Ex Rel. Hovey Concrete Products Co. v. MechemNew Mexico Supreme Court · 1957
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. LopezNew Mexico Supreme Court · 2011
- Martinez v. ChavezNew Mexico Supreme Court · 2007
- Collado v. New Mexico Motor Vehicle DivisionNew Mexico Court of Appeals · 2005
- In re Christopher K.New Mexico Court of Appeals · 1999
- State v. WhiteNew Mexico Court of Appeals · 2010
9 more not listed; retrieve them via the Exa API.