[DOWNLOAD] "State V. Lopez" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

April 23, 2021

eBook details

Title: State V. Lopez
Author : New Mexico Court of Appeals
Release Date : January 13, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

The state vigorously argues the issues in this case are legal issues, freely reviewable by this court. See Boone v. State, 105 N.M. 223, 731 P.2d 366 (1986) (reviewing court not bound by a trial court's ruling that is predicated on a mistake of law). Defendant equally vigorously argues the issues are factual, requiring deference to the trial court's ruling. See State v. Harge, 94 N.M. 11, 606 P.2d 1105 (Ct. App.1979), overruled on other grounds, Buzbee v. Donnelly, 96 N.M. 692, 634 P.2d 1244 (1981) (rulings on motions to suppress governed by the substantial evidence standard). Therefore, it is first necessary to determine whether we are reviewing a legal issue or a factual issue.