New Mexico Supreme Court

Herrera v. Sanchez

June 12, 20142014 NMSC 18

Summary

The New Mexico Supreme Court granted Amy Herrera’s petition for a writ of mandamus, ordering the dismissal of her second-degree murder indictment. The Court held that the prosecuting attorney violated statutory duties by withholding target‑offered evidence, interfering with grand‑juror questioning, and providing improper instructions, thereby compromising the structural integrity of the grand jury process. No prejudice needed to be shown. The State may re‑file charges.