New Mexico Supreme Court
State of New Mexico, Plaintiff-Appellant v. Isaac Martinez, Defendant-Appellee, State of New Mexico…
April 23, 2018420 P.3d 568
Summary
The New Mexico Supreme Court held that, absent statutory authority, a district court may not dismiss a valid grand jury indictment because the evidence presented to the grand jury was obtained through unlawful subpoenas. It also ordered the removal of language in Rule 5‑302A(F)(2) that would permit district‑court review of the lawfulness, competency, or relevancy of grand‑jury evidence, affirming that such review is prohibited by longstanding precedent.