In re Christopher K.
New Mexico Court of Appeals
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
- Peyton v. NordNew Mexico Supreme Court · 1968
- State v. HernandezNew Mexico Supreme Court · 1942
- Hartman v. Texaco Inc.New Mexico Court of Appeals · 1997
- State Ex Rel. Whitehead v. Vescovi-DialNew Mexico Court of Appeals · 1997
- State v. DoeNew Mexico Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Martinez v. Fed Ex Ground Package System, Inc.District Court, D. New Mexico · 2021
- Martinez v. Fed Ex Ground Package System, Inc.District Court, D. New Mexico · 2023
- State v. WilsonNew Mexico Court of Appeals · 2001
- State v. WilsonNew Mexico Court of Appeals · 2001