New Mexico v. Ferry

The State filed a Motion for Pretrial Detention in this case involving a charge of first-degree murder, which was denied by the district court judge after an evidentiary hearing. The State appealed to the New Mexico Supreme Court, contending that the district court judge, relying on New Mexico v. Brown, 338 P.3d 1276, “apparently determined that the charges themselves—no matter how serious the crime and how dangerous a manner in which it is committed—are never sufficient to detain.” The State also contended the district court judge abused his discretion and asked the Supreme Court to clarify that a district court judge “should neither disregard the nature or circumstances of the crime nor consider the charges to the exclusion of all other factors.” The prosecuting authority did not offer any reasons why the conditions of release were inadequate to reasonably provide for the safety of a person or the community. But because of the ambiguity in the trial court’s written Order, the Supreme Court remanded to the district court judge to clarify the Order. View "New Mexico v. Ferry" on Justia Law