Legal Opinion
State v. AUGUSTIN M.
New Mexico Court of Appeals
Decided April 21, 2003No. 22,900, 22,715, 22,768PublishedCited by 11 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Three cases on appeal present the issue whether failure to instruct a grand jury on a target’s probable trial defenses requires dismissal of the indictment. We consolidate the three appeals and hold that the rule requiring instruction to the grand jury on the essential elements of the crimes does not apply to defenses.
{2} In State v. Augustin M., Docket No. 22,900, Augustin M. (Child) appeals from the district court’s denial of his pretrial motion to quash an indictment charging Child with willfully discharging a firearm at a motor vehicle with reckless disregard for…
2Cases cited40 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Abney v. United StatesSupreme Court of the United States · 1977
- Costello v. United StatesSupreme Court of the United States · 1956
- United States v. DionisioSupreme Court of the United States · 1973
35 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. GallegosNew Mexico Supreme Court · 2009
- Jones v. MurdochNew Mexico Supreme Court · 2009
- Schuster v. Eighth Judicial District CourtNevada Supreme Court · 2007
- State v. GriegoNew Mexico Court of Appeals · 2004
- Zamora v. City of BelenDistrict Court, D. New Mexico · 2005
6 more not listed; retrieve them via the Exa API.