SPARKS v. GRAVES

No. 26,181.

130 P.3d 204 (2006)

139 N.M. 143

2006-NMCA-030

Allen SPARKS, Dennis Cleaver, Ellis Jones, Jay Paul, Rex Pope, and Tim Archuleta, Plaintiffs-Appellees, v. Gary GRAVES, Defendant-Appellant, and In the Matter of De Baca County Sheriff Gary Graves.

Court of Appeals of New Mexico.

January 25, 2006.


Attorney(s) appearing for the Case

Doerr & Knudson, P.A., Stephen Doerr, Portales, NM, for Appellees.

Heard, Robins, Cloud & Lubel, L.L.P., Bill Robins III, Amy Propps, Santa Fe, NM, for Appellant.


OPINION

SUTIN, Judge.

{1} De Baca County Sheriff Gary Graves appealed to this Court from an adverse probable cause determination made by the district court under Article X, Section 9 of the New Mexico Constitution governing elections to recall elected county officials. See N.M. Const. art. X, § 9(B) (providing for district court adjudication to establish probable cause that grounds exist for a recall election). Under Article X, Section 9(B),...

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