Legal Opinion

State v. Segura

New Mexico Court of Appeals

Decided January 21, 2014No. Docket 31,904PublishedCited by 9 opinions

1Opinion of the Court

OPINION

GARCIA, Judge.

{1} This case raises the question of whether a defendant who has allegedly violated the conditions of his pretrial release pending trial has a due process right to confront the State’s evidence before the district court may revoke bail and remand the defendant back into custody. Defendant in this case was not provided an opportunity to be heard before his bail was revoked and remanded back into custody. We conclude that a proper evidentiary hearing was required to protect Defendant’s procedural due process rights. W e reverse the judgment of the district court.

BACKGROUND

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2Cases cited16 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. State v. RiveraNew Mexico Supreme Court · 2003
  3. Gunaji v. MacIasNew Mexico Supreme Court · 2001
  4. State v. MartinezNew Mexico Supreme Court · 1998
  5. State v. FloresNew Mexico Supreme Court · 1982

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

3Cited by9 opinions

  1. State v. BrownNew Mexico Supreme Court · 2014
  2. State ex rel. Torrez v. WhitakerNew Mexico Supreme Court · 2018
  3. State ex rel. Torrez v. WhitakerNew Mexico Supreme Court · 2018
  4. State v. AmeerNew Mexico Supreme Court · 2018
  5. State v. AmeerNew Mexico Supreme Court · 2018

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