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DURAN v. EICHWALD

No. 31,372.

210 P.3d 238 (2009)

2009-NMSC-030

Richard D. DURAN, Petitioner, v. Hon. George P. EICHWALD, District Court Judge, Thirteenth Judicial District Court, Respondent, and Boglarka Foghi, Assistant District Attorney, and Lemuel Martinez, Thirteenth Judicial District Attorney, Real Parties in Interest.

Supreme Court of New Mexico.

June 17, 2009.

Attorney(s) appearing for the Case

Daniel J. Tallon, Albuquerque, NM, for Petitioner.

Boglarka Foghi, Assistant District Attorney, Bernalillo, NM, Lemuel Lawrence Martinez, District Attorney, Grants, NM, for Real Parties in Interest.

OPINION

PER CURIAM.

{1} We are faced in this case with the difficult task of dismissing a criminal prosecution without a trial on the merits because of the prosecution's failure to bring this matter to trial in a timely manner. The charges of child abuse alleged in this case are, of course, serious ones, which we do not dismiss lightly. But for the reasons set forth below, we conclude that dismissal is the only option available to us under the...

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