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State v. Hicks

Citations

  • 731 P.2d 982
  • 105 N.M. 286

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in considering an appeal de novo from the metropolitan court’s dismissal of charges against defendant, the district court must make an independent determination of the metropolitan court’s discretionary decision and may not apply an abuse of discretion standard
  • stating that, in de novo proceedings, the district court is not in any way 14 bound by the proceedings in the lower court
  • stating that in a de novo appeal “it [is] incumbent upon the district court to make an independent determination of whether the . . . [rules of magistrate court were followed]”
  • stating that in a de novo appeal “it [is] incumbent upon the district court to make an independent determination of whether the ... [rules of magistrate court were followed]”
  • remanding to the district court to independently determine the propriety of a metropolitan court’s decision to dismiss a complaint filed against a defendantbecause the complaint was not timely filed
  • remanding to the district court to independently determine the propriety of a metropolitan court’s decision to dismiss a complaint filed against a defendant because the complaint was not timely filed

Source: CourtListener parenthetical corpus (CC0).

Judges: Garcia, Minzner, Fruman

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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