Legal Opinion

State v. Bailey

New Mexico Court of Appeals

Decided August 5, 1994No. 14769, 14809PublishedCited by 10 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

This case presents two interesting questions. The first is whether a court exercising criminal jurisdiction and acting sua sponte may include in its sentencing order an injunction against further criminal conduct. The second is whether the injunction, even if invalid, insulates Defendant from a contempt citation for its wilful violation. We hold that the district court’s injunction exceeded its authority, but we nonetheless affirm the citation for contempt.

BACKGROUND

Defendant was convicted in magistrate court of speeding, driving without proof of financial responsibility,…

2Cases cited20 opinions

  1. Matter of Adoption of DoeNew Mexico Supreme Court · 1984
  2. State v. FranklinNew Mexico Supreme Court · 1967
  3. State v. BoyerNew Mexico Court of Appeals · 1985
  4. State v. OroscoNew Mexico Supreme Court · 1992
  5. State Ex Rel. Bliss v. GreenwoodNew Mexico Supreme Court · 1957

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3Cited by10 opinions

  1. State v. Rudy B.New Mexico Supreme Court · 2010
  2. Spear v. McDermottNew Mexico Court of Appeals · 1996
  3. Carter v. City of Las CrucesNew Mexico Court of Appeals · 1996
  4. VanderVossen v. City of EspanolaNew Mexico Court of Appeals · 2001
  5. Martinez v. SedilloNew Mexico Court of Appeals · 2005

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