[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.