Legal Opinion
State v. De La O
New Mexico Court of Appeals
Decided March 5, 1985No. 7976PublishedCited by 2 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
The district attorney of the sixth judicial district petitioned the district court for a writ of mandamus directing the magistrate judge of Luna County to allow the district attorney to file a second criminal complaint against Curtis Wayne Myers. Without issuing a writ, either alternative or peremptory, NMSA 1978, Section 44-2-6, the district court entered an order denying the petition. From that order, the state appeals. See NMSA 1978, § 44-2-14.
The issue presented requires that we determine whether a magistrate, who has previously heard evidence under an original…
2Cases cited9 opinions
- United States Ex Rel. Rutz v. LevySupreme Court of the United States · 1925
- State v. BurkNew Mexico Court of Appeals · 1971
- United States v. Thomas Owen KysarCourt of Appeals for the Tenth Circuit · 1972
- State v. PeavlerNew Mexico Supreme Court · 1975
- State v. TurnerSupreme Court of Kansas · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. Isaac M.New Mexico Court of Appeals · 2001
- White v. FarrisNew Mexico Court of Appeals · 2021