Legal Opinion

In re Christopher K.

New Mexico Court of Appeals

Decided November 19, 1999No. 20,612PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

{1} In this appeal, we decide whether a child in a delinquency action may withdraw his request for a jury trial without the concurrence of the State. The children’s court held that Child could not and scheduled the matter for trial before a jury. On interlocutory appeal from that ruling, we reverse and remand for trial without a jury.

{2} This appeal presents a discrete and controlling question of law which requires us to interpret a state statute, Supreme Court rules of procedure, and the New Mexico constitution. We look first to state statute and the rules of criminal…

2Cases cited7 opinions

  1. Peyton v. NordNew Mexico Supreme Court · 1968
  2. State v. HernandezNew Mexico Supreme Court · 1942
  3. Hartman v. Texaco Inc.New Mexico Court of Appeals · 1997
  4. State Ex Rel. Whitehead v. Vescovi-DialNew Mexico Court of Appeals · 1997
  5. State v. DoeNew Mexico Court of Appeals · 1980

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

3Cited by4 opinions

  1. Martinez v. Fed Ex Ground Package System, Inc.District Court, D. New Mexico · 2021
  2. Martinez v. Fed Ex Ground Package System, Inc.District Court, D. New Mexico · 2023
  3. State v. WilsonNew Mexico Court of Appeals · 2001
  4. State v. WilsonNew Mexico Court of Appeals · 2001

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