2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 6 - Grand Jury
Section 31-6-9.1 - Abuse of grand jury procedures.
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.
ANNOTATIONSMisuse 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.
