[Download] "State v. Ogden" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Ogden
- Author : New Mexico Supreme Court
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
FROST, Justice. This is a pretrial interlocutory appeal in a first degree murder prosecution. It raises two central issues: (1) Can a district
court make a pretrial determination that there is insufficient factual or legal support to allow the prosecution to seek the
death penalty by proving an aggravating circumstance, and (2) is a City of Farmington community service officer a "peace officer"
under the statute making the killing of a peace officer an aggravating circumstance in death penalty sentencing, NMSA 1978.
Section 31-20A-5 (Repl. Pamp. 1990). Resolving both questions in the affirmative, we take this opportunity to establish judicial
procedures for pretrial review of death-penalty aggravating circumstances.