Enrique De Leon, Petitioner v. Hon. Teddy L. Hartley, Respondent, and State of New Mexico, Real Party in Interest

Summary

The New Mexico Supreme Court granted the petitioner’s writ of superintending control, quashing the indictment because the district attorney improperly controlled the selection and excusal of grand jurors. The Court held that the district court must retain exclusive supervisory authority over grand jury composition and that, when such irregularities are raised before trial, the indictment must be dismissed regardless of proof of prejudice.