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  1. #1

    Default New Mexico refuses to grant speedy trial request

    I would really like to ask you a question in regards to concurrent sentencing. My brother is currently being held in Arizona and is attempting to clear all his outstanding warrants. He has had success with Arizona and Texas, but New Mexico is claiming that they do not have to comply with the right to a speedy trial that he is requesting.

    Basically, he has sent them a certified letter letting them know of where he is and requesting a speedy trial. I can see that it was entered into their system on the website, but they are not acknowledging it.............

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default New Mexico Speedy Trial Rights

    Your brother may wish to look at the case of State v Lujan, 71 P.3d 1286 (2003), in which the Court of Appeals of New Mexico addressed the "speedy trial" rights of a defendant who was incarcerated in California. That case discusses the rights of a defendant to a speedy trial under similar circumstances, as well as the application of the Interstate Agreement on Detainers (IAD) to this type of situation.

    You can obtain the case for free on LexisOne (free registration required). Go to "Find Cases For Free", click to "Search by citation", and enter the citation, "71 P.3d 1286".

  3. #3

    Default Re: New Mexico Speedy Trial Rights

    Quote Quoting Anonymous
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    Your brother may wish to look at the case of State v Lujan, 71 P.3d 1286 (2003), in which the Court of Appeals of New Mexico addressed the "speedy trial" rights of a defendant who was incarcerated in California. That case discusses the rights of a defendant to a speedy trial under similar circumstances, as well as the application of the Interstate Agreement on Detainers (IAD) to this type of situation.

    You can obtain the case for free on LexisOne (free registration required). Go to "Find Cases For Free", click to "Search by citation", and enter the citation, "71 P.3d 1286".
    I thought I had thanked you for the awesome advice, but looking at my reply now, its blank. So, i hope its not to late to thank you VERY much for this info. It helped

  4. #4

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