N.M. Stat. » Chapter 31 — Criminal Procedure
New Mexico Statutes

N.M. Stat. § 31-6-9.1 (2026)

Abuse of grand jury procedures

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The prosecuting attorney shall not use the grand jury solely for the purpose of obtaining additional evidence against an already indicted person on the charge or accusation for which the person was indicted.

History: Laws 1979, ch. 337, § 12.

ANNOTATIONS

Misuse of protected information. — A grand jury indictment will be dismissed only if the defendant can affirmatively demonstrate how he was prejudiced by the prosecutor's alleged misuse of the protected grand jury information. State v. Benavidez, 1999- NMCA-053, 127 N.M. 189, 979 P.2d 234, rev'd on other grounds, 1999-NMSC-041, 128 N.M. 261, 992 P.2d 274.

Use of defendant's testimony at second grand jury hearing for impeachment at trial did not affect the validity of the second indictment since the grand jury was ordered in response to the defendant's own motion. State v. Martinez, 1996-NMCA-109, 122 N.M. 476, 927 P.2d 31, cert. denied, 122 N.M. 578, 929 P.2d 269.

Notes of Decisions
Cited in 2 cases, 1996–1999 · leading case: State v. Martinez, 927 P.2d 31 (N.M. Ct. App. 1996).
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State v. Martinez, 927 P.2d 31 (N.M. Ct. App. 1996). · cites it 2× “In support of this argument, Defendant cites NMSA 1978, Section 31-6-9.1 (Repl.Pamp.1984), which states that “[t]he prosecuting attorney shall not use the grand jury solely for the purpose of obtaining additional evidence against an already indicted person on the charge or…”
State v. Benavidez, 1999-NMCA-053, 979 P.2d 234. · cites it 2× “According to Defendant, the prosecutor’s receipt of the grand jury information was an unlawful attempt to obtain additional evidence against Defendant, in violation of NMSA 1978, § 31-6-9.1 (1979) (providing that the prosecutor shall not use the grand jury solely to obtain…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.