New Mexico v. Surratt
Annotate this CaseFollowing a second trial, Defendant Danny Surratt was convicted of criminal sexual penetration of a minor. Defendant appealed his conviction, claiming the district attorney serving as special prosecutor at the second trial lacked the authority to prosecute the case because his appointment by the first special prosecutor, also a district attorney, was invalid. Defendant maintained that the district court lacked jurisdiction over his criminal case. The Court of Appeals agreed with Defendant and reversed his conviction, effectively remanding the case for a third trial. After its review, the Supreme Court held that a properly appointed special prosecutor is given all the authority and duties of the appointing district attorney to prosecute the case for which that special prosecutor was appointed, including the authority to name another special prosecutor if unable to proceed for an ethical reason or other good cause.
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