Legal Opinion

State v. Belanger

New Mexico Court of Appeals

Decided August 27, 2007No. 26,771PublishedCited by 3 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} Defendant was indicted on one count of criminal sexual penetration of a minor (CSPM), two counts of attempted CSPM, one count of kidnaping, three counts of battery, and two counts of bribery of a witness. In the course of pretrial proceedings, Defendant sought to interview a juvenile who had allegedly perpetrated a prior sexual assault against one of the victims involved in this case. In light of the juvenile’s stated intention to assert his Fifth Amendment privilege against self-incrimination, Defendant requested an award of immunity. When the prosecutor declined to…

2Cases cited12 opinions

  1. Government of the Virgin Islands v. Glen Smith, Elton Rieara, Elvis Smith and Roland GeorgesCourt of Appeals for the Third Circuit · 1980
  2. Santillanes v. StateNew Mexico Supreme Court · 1993
  3. State v. BacaNew Mexico Supreme Court · 1997
  4. State v. HeinsenNew Mexico Supreme Court · 2005
  5. State v. BrownNew Mexico Supreme Court · 1998

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3Cited by3 opinions

  1. State v. BelangerNew Mexico Supreme Court · 2009
  2. State v. SaizNew Mexico Supreme Court · 2008
  3. State v. BelangerNew Mexico Court of Appeals · 2007

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