STATE v. TISTHAMMER

No. 18,328.

966 P.2d 760 (1998)

126 N.M. 52

1998-NMCA-115

STATE of New Mexico, Plaintiff-Appellee, v. David TISTHAMMER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 13, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Santa Fe, Max Shepherd, Ass't Attorney General, Albuquerque, for Appellee.

Phyllis H. Subin, Chief Public Defender, Laurel A. Knowles, Ass't Appellate Defender, Santa Fe, for Appellant.


OPINION

PICKARD, Judge.

{1} In this case, we consider whether the Grand Jury Act or the Public Defender Act provides a target witness testifying before a grand jury with a right to counsel such that an indictment must be dismissed if counsel is not present and there is no express voluntary, knowing, and intelligent waiver of counsel's presence. We hold that they do not. Defendant appeals the denial of his motion seeking to dismiss a grand jury indictment...

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