Legal Opinion

State v. Lopez

New Mexico Supreme Court

Decided October 15, 2013No. Docket 33,736PublishedCited by 15 opinions

1Opinion of the Court

OPINION

DANIELS, Justice.

{1} Defendant’s motion for rehearing is granted. The opinion filed on August 29, 2013, is withdrawn and the following opinion, which further clarifies the scope of our holding regarding the only issue presented to the Court — whether the constitutional right of confrontation applies at a preliminary examination — is substituted in its place.

{2} Under Article II, Section 14 of the New Mexico Constitution, a defendant may not be brought to trial for a serious criminal offense unless there first has been a determination of probable cause, either by a grand jury or by a…

2Cases cited29 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. Gerstein v. PughSupreme Court of the United States · 1975

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3Cited by15 opinions

  1. State v. MontoyaNew Mexico Supreme Court · 2014
  2. State v. MaestasNew Mexico Supreme Court · 2018
  3. State v. JimenezNew Mexico Court of Appeals · 2017
  4. State v.ThomasNew Mexico Supreme Court · 2016
  5. Herrera v. SanchezNew Mexico Supreme Court · 2014

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

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