Legal Opinion

State v. Neal

New Mexico Court of Appeals

Decided November 6, 2007No. 26,879PublishedCited by 43 opinions

1Opinion of the Court

OPINION

SUTIN, Chief Judge.

{1} Defendant Richard Neal argues that: (1) the State’s nolle prosequi of his charges from magistrate court and subsequent refiling of the charges in district court were done for the improper purpose of avoiding the running of the six-month rule, and thus his charges should be dismissed; and (2) there was insufficient evidence to convict him of driving while intoxicated (DWI). We are not persuaded by either argument and affirm.

BACKGROUND

{2} Defendant was charged in magistrate court on November 4, 2005, with aggravated DWI, contrary to NMSA 1978, § 66-8-102 (2005)…

2Cases cited24 opinions

  1. State v. OgdenNew Mexico Supreme Court · 1994
  2. State v. SisnerosNew Mexico Supreme Court · 1938
  3. State v. DuranNew Mexico Supreme Court · 2005
  4. State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
  5. State v. HeinsenNew Mexico Supreme Court · 2005

19 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Vondrak v. City of Las CrucesCourt of Appeals for the Tenth Circuit · 2008
  2. State v. MarquezNew Mexico Supreme Court · 2009
  3. State v. PickettNew Mexico Court of Appeals · 2009
  4. State v. StoreyNew Mexico Court of Appeals · 2017
  5. State v. NevarezNew Mexico Court of Appeals · 2010

38 more not listed; retrieve them via the Exa API.

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