Legal Opinion

State v. Bent

New Mexico Supreme Court

Decided October 22, 2012No. Docket 33,136PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} By the time Defendant was indicted, the grand jury allegedly had exceeded its statutory term of service. Having been convicted subsequently of most of the charges in the indictment, Defendant appeals on the basis of that untimely indictment. He claims that the untimely indictment deprived the grand jury of jurisdiction and that we should overturn the subsequent jury verdict against him because of that initial defect in the grand jury. Persuaded by this argument, our Court of Appeals reversed Defendant’s convictions, in effect instructing the State to begin the…

2Cases cited17 opinions

  1. United States v. CalandraSupreme Court of the United States · 1974
  2. United States v. MechanikSupreme Court of the United States · 1986
  3. In Re FriedCourt of Appeals for the Second Circuit · 1947
  4. Buzbee v. DonnellyNew Mexico Supreme Court · 1981
  5. State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995

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

3Cited by8 opinions

  1. de Leon v. HartleyNew Mexico Supreme Court · 2013
  2. Herrera v. SanchezNew Mexico Supreme Court · 2014
  3. State v. PerezNew Mexico Court of Appeals · 2013
  4. State v. PerezNew Mexico Court of Appeals · 2014
  5. DeLeon v. HartleyNew Mexico Supreme Court · 2013

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

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