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STATE v. BELANGER

No. 30,654.

210 P.3d 783 (2009)

2009-NMSC-025

STATE of New Mexico, Plaintiff-Respondent, v. Isaac BELANGER, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied June 15, 2009.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, Nancy M. Hewitt, Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} More than twenty-five years ago, this Court's Rules of Criminal Procedure Committee ("the Committee") opined that use-and-derivative-use immunity for witnesses ("use immunity") should be available at the request of either the prosecution or the accused. Although that view had some limited support in federal case law, ultimately it did not prevail in our state jurisprudence. Since then, this Court has embraced the...

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