(Download) "Walker V. Walton" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free
eBook details
- Title: Walker V. Walton
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 20, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
¶1 Two metropolitan court judges, Judge Sharon Walton and Judge Sandra Clinton (Appellants), appeal a district court order granting a petition for writ of prohibition and writ of superintending control in favor of Defendant Clinton Walker (Defendant). The district court determined that Defendant's notice of excusal with respect to Judge Walton, which he filed within ten days of his rearraignment on refiled charges, was timely and enforceable. We disagree and reverse the district court. Because of the metropolitan court's unique rules pertaining to refiled criminal charges, we hold that a defendant must exercise his right of peremptory excusal of a judge within ten days of arraignment on the original charges. We determine that the time for filing a notice of excusal does not begin to run anew when the identical charges are refiled and the case is assigned to the same judge.