Legal Opinion
State v. Hicks
New Mexico Court of Appeals
Decided December 18, 1986No. 9449PublishedCited by 16 opinions
1Opinion of the Court
OPINION
GARCIA, Judge.
This appeal by the state concerns the power of district courts to dismiss criminal charges because of a delay in the filing of a criminal complaint. We discuss: (1) whether the district court erred in denying the state a de novo review on appeal from metropolitan court; (2) the considerations that should apply to motions to dismiss for unnecessary delay; and (3) whether the state’s motion to amend the docketing statement was untimely.
The relevant facts are undisputed. Defendant was arrested for driving while intoxicated at approximately 10:30 p.m. on Saturday, September…
2Cases cited23 opinions
- United States v. DeLunaCourt of Appeals for the Eighth Circuit · 1985
- United States v. CarignanSupreme Court of the United States · 1951
- State v. RaelNew Mexico Court of Appeals · 1983
- United States v. William J. Becker, United States of America v. Albert J. Bruno, United States of America v. James E. ElskoeCourt of Appeals for the Fourth Circuit · 1978
- State v. BallNew Mexico Supreme Court · 1986
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. MooreNew Mexico Court of Appeals · 1989
- State v. FosterNew Mexico Court of Appeals · 2003
- State v. CandelariaNew Mexico Court of Appeals · 2008
- State v. LuceroNew Mexico Court of Appeals · 1992
- State v. BegayNew Mexico Court of Appeals · 2010
11 more not listed; retrieve them via the Exa API.