New Mexico Supreme Court

State v. Martinez

April 23, 20182018 NMSC 31

Summary

The New Mexico Supreme Court held that a district court lacks authority to dismiss a grand‑jury indictment on the basis that evidence presented to the grand jury was obtained via unlawful subpoenas, and it ordered the removal of language in Rule 5‑302A(F)(2) that would permit such post‑indictment review. The Court reversed the lower court’s dismissal and remanded for further proceedings.