New Mexico Supreme Court

DeLeon v. Hartley

December 30, 20132014 NMSC 5

Summary

The New Mexico Supreme Court granted the petitioner’s writ of superintending control, quashing the indictment because the district attorney improperly participated in selecting and excusing grand jurors, and held that statutes assigning that role to the district court are mandatory, not directory, especially when the irregularity is raised before trial.