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STATE v. HARRISON

No. 31,224.

238 P.3d 869 (2010)

2010-NMSC-038

STATE of New Mexico, Plaintiff-Respondent, v. David HARRISON, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied July 28, 2010.

Attorney(s) appearing for the Case

Hugh W. Dangler , Chief Public Defender, J.K. Theodosia Johnson , Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King , Attorney General, Andrew S. Montgomery , Assistant Attorney General, Santa Fe, NM, for Respondent.

Rothstein, Donatelli , Hughes, Dahlstrom, Schoenburg & Bienvenu, L.L.P., Richard W. Hughes , Santa Fe, NM, for Amicus Curiae Pueblo of Santa Ana.

Marcelino R. Gomez , Paul M. Spruhan , Window Rock, AZ, for Amicus Curiae Navajo Nation.

OPINION

MAES, Justice.

{1} In this appeal, we must determine whether a state, county, or local peace officer,1 who is not cross-commissioned with the Bureau of Indian Affairs (BIA) or an Indian nation, tribe, or pueblo, see NMSA 1978, § 29-1-11 (2005), has the authority to pursue an Indian into Indian country to investigate an off-reservation crime committed in the officer's presence. We conclude that...

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