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DOE v. GOV. ORGANIZED CRIME PREVENTION

No. 20040.

835 P.2d 76 (1992)

114 N.M. 78

John DOE and Five Unnamed Corporations, Petitioners-Appellants, v. STATE of New Mexico ex rel. GOVERNOR'S ORGANIZED CRIME PREVENTION COMMISSION, Respondent-Appellee.

Supreme Court of New Mexico.

March 18, 1992.

Attorney(s) appearing for the Case

Paul J. Kennedy, Albuquerque, for petitioners-appellants.

Tom Udall, Atty. Gen. and Shannon Broderick, Sp. Asst. Atty. Gen., Santa Fe, for respondent-appellee.

OPINION

FRANCHINI, Justice.

This appeal addresses a limitation on the subpoena power of the Governor's Organized Crime Prevention Commission (Commission), as set out in the Organized Crime Act, NMSA 1978, §§ 29-9-1 to -18 (Repl.Pamp. 1990) (Act). Specifically, we examine whether a corporation or a representative acting on its behalf can refuse to testify or produce evidence to the Commission on the ground that either the corporation or its...

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