New Mexico Supreme Court

State v. Ferry

December 28, 2017

Summary

The New Mexico Supreme Court affirmed that the district court must consider the seriousness of the underlying crime among other factors but may not rely on that factor alone to deny pre‑trial detention. It held that the district court’s written order was ambiguous and remanded for clarification of the findings. The Court also clarified that the nature and circumstances of the offense may satisfy the State’s burden, provided the State also proves no release conditions can protect public safety.