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 State of New Mexico appealed from a district court order that suppressed evidence in a case involving the Defendant, Marquis Franco. The appeal was made to the Court of Appeals of New Mexico. During the appellate process, the Defendant passed away, leading to the State filing a suggestion of death. Following this, the State indicated it would not be filing a memorandum in opposition to the appeal being dismissed as moot due to the Defendant's death.

Procedural History

• Appeal from the District Court of Chaves County, Freddie J. Romero, District Judge: Evidence was suppressed in favor of the Defendant.

Parties' Submissions

• Plaintiff-Appellant (State of New Mexico): Sought to appeal the district court's decision to suppress evidence.
• Defendant-Appellee (Marquis Franco): [Not applicable or not found]

Legal Issues

• Whether the appeal should proceed or be dismissed as moot following the death of the Defendant.

Disposition

• The appeal was dismissed as moot.

Reasons

• SUTIN, J., WECHSLER, J., and HANISEE, J. concurring: The Court exercised its discretion under Rule 12-301(A) NMRA, deciding to dismiss the appeal as moot in light of the Defendant's death and the State's decision not to file a memorandum in opposition. The Court referenced its discretion to resolve an appeal on the merits following the death of a party, as discussed in Henry v. Daniel, but chose to dismiss the appeal in this instance.