Legal Opinion

State v. Doe

New Mexico Court of Appeals

Decided October 25, 1977No. 3196PublishedCited by 5 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The Children’s Court petition alleged the child had committed embezzlement, was delinquent and in need of care or rehabilitation. The Children’s Court dismissed the petition with prejudice. The State is attempting to appeal.

We assigned this case to the limited calendar. The calendar assignment invited the parties “to brief the question as to whether the State may appeal this case.”

The child responded by moving to dismiss because of the constitutional prohibition against double jeopardy. The child relies on Breed v. Jones, 421 U.S. 519, 95 S.Ct. 1779, 44 L.Ed.2d 346…

2Cases cited3 opinions

  1. United States v. WilsonSupreme Court of the United States · 1975
  2. Serfass v. United StatesSupreme Court of the United States · 1975
  3. Breed v. JonesSupreme Court of the United States · 1975

3Cited by5 opinions

  1. State v. DoeNew Mexico Court of Appeals · 1983
  2. Doe v. StateNew Mexico Supreme Court · 1978
  3. T.L.R. v. StateCourt of Criminal Appeals of Alabama · 1992
  4. State v. Zachariah G.New Mexico Court of Appeals · 2019
  5. TLR v. StateCourt of Criminal Appeals of Alabama · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API