Legal Opinion
State v. Gomez
New Mexico Court of Appeals
Decided September 7, 2006No. 24,524PublishedCited by 4 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
{1} The State contends that, even though the district court directed a verdict and acquitted Defendant of the charge of DWI, it is entitled to appeal the district court’s ruling excluding a document relating to Defendant’s blood alcohol test results.
{2} We must determine whether the State had a right to appeal the exclusion of the blood alcohol report pursuant to NMSA 1978, § 39-3-3(B)(2) (1972), and whether double jeopardy precludes the State from retrying Defendant after the jury had been impaneled. To ensure a fully informed decision, we requested supplemental…
2Cases cited9 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- County of Los Alamos v. TapiaNew Mexico Supreme Court · 1990
- State v. GardnerNew Mexico Court of Appeals · 1998
- State v. VaughnNew Mexico Court of Appeals · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. Katrina G.New Mexico Court of Appeals · 2007
- State v. VasquezNew Mexico Court of Appeals · 2012
- State v. AdamsNew Mexico Court of Appeals · 2019
- State v. AdamsNew Mexico Court of Appeals · 2019