HERRERA v. SANCHEZ

No. 34,355.

328 P.3d 1176 (2014)

2014-NMSC-018

Amy HERRERA, Petitioner, v. Hon. Ross C. SANCHEZ, Second Judicial District Judge, Respondent, and State of New Mexico, Real Party in Interest.

Supreme Court of New Mexico.

June 12, 2014.


Attorney(s) appearing for the Case

D. Eric Hannum, Esq. , Lupe Preciado, Esq. , Albuquerque, NM, for Petitioner.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Respondent.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Real Party in Interest.


OPINION

MAES, Justice.

{1} After her indictment for second-degree murder, but prior to trial, Petitioner Amy Herrera sought a writ of mandamus from this Court directing the district court to dismiss the indictment. Petitioner contends that the prosecuting attorney assisting the grand jury failed to adhere to certain structural protections of our grand jury statutes that are critical to the integrity of our grand jury system. Specifically, Petitioner...

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