STATE v. ANTONIO T.

No. 30,827.

298 P.3d 484 (2012)

2013-NMCA-035

STATE of New Mexico, Plaintiff-Appellee, v. ANTONIO T., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, March 1, 2013, No. 33,997.

Certiorari Granted, March 1, 2013, No. 33,999.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Joel Jacobsen , Assistant Attorney General, Albuquerque, NM, for Appellee.

Albright Law & Consulting, Jennifer R. Albright , Albuquerque, NM, for Appellant.

Jennifer Street , Albuquerque, NM, Jones, Snead, Wertheim & Wentworth P.A., Jerry Todd Wertheim , Santa Fe, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.

Cuddy & McCarthy LLP, John F. Kennedy , Santa Fe, NM, for Amicus Curiae New Mexico School Boards Association and New Mexico Coalition of School Administrators.


OPINION

KENNEDY, Judge.

{1} A vice principal interrogated a high school student suspected of being intoxicated. The interrogation was conducted in her office in the presence of a police officer. The officer thereafter arrested the student, and the student's statements to the vice principal were used against him in his juvenile case. We evaluate whether the student was subject to questioning in violation...

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