Legal Opinion

Duran v. Eichwald

New Mexico Supreme Court

Decided June 17, 2009No. 31,372PublishedCited by 10 opinions

1Opinion of the Court

OPINION

2Per curiam

{1} We are faced in this case with the difficult task of dismissing a criminal prosecution without a trial on the merits because of the prosecution’s failure to bring this matter to trial in a timely manner. The charges of child abuse alleged in this case are, of course, serious ones, which we do not dismiss lightly. But for the reasons set forth below, we conclude that dismissal is the only option available to us under the circumstances of this ease. We nevertheless take this opportunity to express our dissatisfaction with the procedural dilemma posed by this case and take steps to…

3Cases cited8 opinions

  1. United States v. LaneSupreme Court of the United States · 1986
  2. Salandre v. StateNew Mexico Supreme Court · 1991
  3. State v. CarreonNew Mexico Court of Appeals · 2006
  4. State v. CarreonNew Mexico Court of Appeals · 2006
  5. State v. CardenasNew Mexico Court of Appeals · 2003

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4Cited by10 opinions

  1. State v. GarzaNew Mexico Supreme Court · 2009
  2. State v. MartinezNew Mexico Supreme Court · 2011
  3. State v. SharpNew Mexico Court of Appeals · 2012
  4. State v. Leticia T.New Mexico Court of Appeals · 2012
  5. State v. Alejandro M.New Mexico Court of Appeals · 2021

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