Saturday, February 12, 2005


Please note this correction to my post regarding evidence before grand juries in New Mexico. Someone has called to my attention that Section 31-6-11 of New Mexico Statutes Annotated 1978 was amended to provide that the Rules of Evidence do not apply to grand jury proceedings. I overlooked that amendment and certainly should have discussed it in the post. My error. My recommendation still is that the Legislature memorialize the Supreme Court and ask for an amendment of Evidence Rule 1101, so there will be no conflict between the statute and the rule; and further, that the formal rules of evidence be made inapplicable to preliminary hearings. For the original post, see "previous posts."

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