Legal Opinion

Barela v. State

New Mexico Court of Appeals

Decided March 27, 1970No. 467PublishedCited by 11 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Denied post-conviction relief after an evidentiary hearing, Barela appeals. We consider seven issues, affirming as to all but one. On one issue, the question of a direct appeal, we remand to the trial court for a ruling on the question of indigency.

1.Delay in being taken before a magistrate.

The trial court found that defendant was not taken before a magistrate for two and one-half days after his arrest. This finding is not attacked; it is a fact in this appeal. State v. Reid, 79 N.M. 213, 441 P.2d 742 (1968). The trial court correctly concluded that this fact provided no…

2Cases cited16 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Eskridge v. Washington State Board of Prison Terms & ParolesSupreme Court of the United States · 1958
  3. State v. LindseyNew Mexico Court of Appeals · 1969
  4. State v. SelgadoNew Mexico Supreme Court · 1967
  5. State v. ReidNew Mexico Supreme Court · 1968

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

3Cited by11 opinions

  1. State v. FordNew Mexico Court of Appeals · 1970
  2. State v. TrejoNew Mexico Court of Appeals · 1972
  3. State v. O'NEILNew Mexico Court of Appeals · 1978
  4. Woods v. StateNew Mexico Court of Appeals · 1972
  5. State v. HibbsNew Mexico Court of Appeals · 1971

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

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