(DOWNLOAD) "State v. Penner" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Penner
- Author : New Mexico Court of Appeals
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
NMSA 1978, § 31-6-12(A) (Cum. Supp.1983), provides that a witness subpoenaed to appear before a grand jury shall be given thirty-six hours notice unless a district judge specifically approves a shorter period. Rogers v. State, 94 N.M. 218, 608 P.2d 530 (Ct. App.1980), held that the thirty-six hours notice provision applies to the target of a grand jury investigation. Defendant was given notice that he was a target, but was not given thirty-six hours notice. Defendant moved that the grand jury indictment be dismissed because the thirty-six hours notice requirement was not met. The trial court denied the motion. We granted an interlocutory appeal to consider the meaning of an amendment to NMSA 1978, § 31-6-11(B) (Cum. Supp.1983), enacted in 1981 and applicable to this case. See Laws 1981, ch. 238, § 1.