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MONTOYA v. METROPOLITAN COURT

No. 13822.

651 P.2d 1260 (1982)

98 N.M. 616

Leonard F. MONTOYA, et al., Petitioners-Appellees, and Garland Gibson, Dennis Caruso and James D. James, et al., Intervenors-Appellees, v. METROPOLITAN COURT and the Individual Judges Thereof, Respondents-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 4, 1982.

Attorney(s) appearing for the Case

Steven Schiff, Dist. Atty., Jose L. Martinez, Sp. Asst. Dist. Atty., Albuquerque, Jeff Bingaman, Atty. Gen., Anthony P. Marquez, Asst. Atty. Gen., Santa Fe, for respondents-appellants.

M. Lynn Billings, Ralph Binford, Albuquerque, for petitioners-appellees.

Nancy Hollander, John L. Walker, Michael Rosenberg, Roger A. Finzel, Albuquerque, for intervenors-appellees.

OPINION

EASLEY, Chief Justice.

This is an appeal from the district court's grant of a permanent writ, which prohibits the Metropolitan Court (Metro Court) judges from conducting trials of petitioners or intervenors against whom results of any breath alcohol test are admitted, unless the State also provides each petitioner or intervenor with a separate breath alcohol sample from that same test for independent laboratory testing. We reverse the district court...

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