2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 6 - Grand Jury
Section 31-6-11.1 - Renewed presentation of evidence forbidden.
After a grand jury acts on the merits of evidence presented to it and returns a no-bill, the same matter shall not be presented again to that jury or another grand jury on the same evidence.
History: Laws 1979, ch. 337, § 11.
ANNOTATIONSSubsequent indictment for more serious crime permitted. — Where a defendant is originally indicted for second-degree murder, but later the district attorney reviews the case and decides the evidence supports first-degree murder, he may seek and obtain a second indictment, this time for first-degree murder. State v. Sena, 1983-NMSC-005, 99 N.M. 272, 657 P.2d 128.
Subsequent information permitted after a no-bill. — Neither the N.M. Const., art. II, § 14 nor this section limits the state's ability to proceed by information after a grand jury has returned a no-bill. State v. Isaac M., 2001-NMCA-088, 131 N.M. 235, 34 P.3d 624, cert. denied, 131 N.M. 221, 34 P.3d 610 (2002).
Law reviews. — For comment, "The Use of an Information Following the Return of a Grand Jury No Bill: State v. Joe Nestor Chavez," see 10 N.M.L. Rev. 217 (1979-80).
For article, "Survey of New Mexico Law, 1979-80: Criminal Law and Procedure," see 11 N.M.L. Rev. 85 (1981).
