AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves the State of New Mexico as the Plaintiff-Appellant and Tanya Gishey as the Defendant-Appellee. The district court dismissed the case with prejudice on double jeopardy grounds, leading to the State's appeal.

Procedural History

• District Court of McKinley County, Robert A. Aragon, District Judge: The case was dismissed with prejudice on double jeopardy grounds.

Parties' Submissions

• Plaintiff-Appellant (State of New Mexico): The State appealed the district court's decision to dismiss the case with prejudice on double jeopardy grounds.
• Defendant-Appellee (Tanya Gishey): [Not applicable or not found]

Legal Issues

• Whether the district court's dismissal of the case with prejudice on double jeopardy grounds was appropriate.

Disposition

• The Court of Appeals affirmed the district court's amended order dismissing the case with prejudice on double jeopardy grounds.

Reasons

• Per Michael E. Vigil, J. (Michael D. Bustamante, J., and Timothy L. Garcia, J., concurring): The State appealed the district court's decision but did not file a memorandum opposing the Court of Appeals' proposed disposition to affirm the district court's order. The Court of Appeals decided to affirm the district court's dismissal based on double jeopardy grounds, as indicated in the Court's notice of proposed summary disposition and the lack of opposition from the State (para 1).