Legal Opinion
State v. Kirby
New Mexico Court of Appeals
Decided May 28, 2003No. 22,967, 23,020PublishedCited by 17 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Two cases on appeal present for us the issue whether administrative imposition of the civil penalty contained in the New Mexico Securities Act bars, under New Mexico Double Jeopardy jurisprudence, a criminal prosecution under that Act for the same conduct on which the civil penalty was imposed. We have consolidated State v. Kirby, Docket No. 22,967, and State v. Collins, Docket No. 23,-020, for purposes of disposition of these cases on appeal.
{2} Each Defendant was indicted on criminal securities violations based on the same conduct for which administrative penalties…
2Cases cited22 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Hudson v. United StatesSupreme Court of the United States · 1997
- United States v. UrserySupreme Court of the United States · 1996
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
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3Cited by17 opinions
- State v. BushmanCourt of Appeals of Utah · 2010
- Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011
- State v. CollinsNew Mexico Court of Appeals · 2007
- State v. BlockNew Mexico Court of Appeals · 2011
- State ex rel. Foy v. Austin Capital Mgmt., Ltd.New Mexico Supreme Court · 2015
12 more not listed; retrieve them via the Exa API.