Legal Opinion
State v. Benally
New Mexico Court of Appeals
Decided February 1, 1983No. 5918PublishedCited by 18 opinions
1Opinion of the Court
OPINION
WALTERS, Chief Judge.
The State appeals the dismissal with prejudice of an amended criminal information, pursuant to the 6-month limitation of R.Crim.Proc. 37, N.M.S.A.1978. [The version of Rule 37 appearing in the 1980 Replacement Pamphlet applies to this case.] The State contends that the filing of the amended criminal information superseded an earlier information filed in the case, and that the amended information started the running of the six-month period in Rule 37 anew, absent any prosecutorial bad faith. We reverse the trial court’s dismissal of the amended information.
The…
2Cases cited17 opinions
- United States v. EwellSupreme Court of the United States · 1966
- Pollard v. United StatesSupreme Court of the United States · 1957
- Smith v. United StatesSupreme Court of the United States · 1959
- Beavers v. HaubertSupreme Court of the United States · 1905
- State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. MendozaNew Mexico Supreme Court · 1989
- State v. Medicine EagleSouth Dakota Supreme Court · 2013
- State v. RomanNew Mexico Court of Appeals · 1998
- State v. LuceroNew Mexico Court of Appeals · 1989
- State v. CoatesNew Mexico Supreme Court · 1985
13 more not listed; retrieve them via the Exa API.