Herrera v. Sanchez
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After her indictment for second-degree murder, but prior to trial, Petitioner Amy Herrera sought a writ of mandamus from this Court directing the district court to dismiss the
indictment. Petitioner contended that the prosecutor prevented the grand jury from inquiring into the facts demonstrating probable cause and failed to act in a fair and impartial manner when instructing the grand jury. The Supreme Court agreed that the manner in which the prosecutor conducted the grand jury proceedings warranted dismissal of the indictment. The Court therefore issued a writ of mandamus directing the district court to dismiss the indictment without prejudice to the State’s right to bring new criminal charges against Petitioner.
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