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COLLINS v. DANIELS

Nos. 17-2217 and 18-2045.

916 F.3d 1302 (2019)

Darlene COLLINS; Bail Bond Association of New Mexico; Richard Martinez; Bill Sharer; Craig Brandt; Carl Trujillo, Plaintiffs-Appellants, v. Charles W. DANIELS; Edward L. Chavez; Petra Jimenez Maez; Barbara J. Vigil; Judith K. Nakamura; New Mexico Supreme Court; Nan Nash; The Second Judicial Court; Henry A. Alainz; Robert L. Padilla; Bernalillo County Metropolitan Court; James Noel; Bernalillo County; Board of County Commissioners, County of Bernalillo, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed February 25, 2019.

Attorney(s) appearing for the Case

Richard Westfall , Hale Westfall, Denver, Colorado ( A. Blair Dunn and Dori E. Richards , Western Agriculture, Resource and Business Advocates, LLP, Albuquerque, New Mexico, with him on the briefs), appearing for Appellants.

Ari Biernoff , Office of the New Mexico Attorney General, Santa Fe, New Mexico, appearing for Appellees Charles W. Daniels, Edward L. Chavez, Petra Jimenez Maez, Barbara J. Vigil, Judith K. Nakamura, the New Mexico Supreme Court, Nan Nash, the Second Judicial Court, Henry Alain, Robert Padilla, the Bernalillo County Metropolitan Court, and James Noel.

Brandon Huss , The New Mexico Association of Counties, Santa Fe, New Mexico, on the brief for Appellee County Commissioners of the County of Bernalillo.

Before BRISCOE, MATHESON, and BACHARACH, Circuit Judges.

This is a § 1983 case that challenges the constitutionality of New Mexico's system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico ("BBANM"), and five New Mexico state legislators (the "Legislator Plaintiffs") allege that New Mexico's system of bail violates the Excessive Bail...

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