This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- (N/A)
Procedural History
- District Court of Doña Ana County, Douglas R. Driggers, District Judge: Order excluding Officer Herrera as a witness.
Parties' Submissions
- Appellant (State of New Mexico): Argued for the inclusion of Officer Herrera as a witness.
- Appellee (Marcos Fino Lozano): [Not applicable or not found]
Legal Issues
- Whether the district court's order excluding Officer Herrera as a witness should be reversed.
Disposition
- The district court’s order excluding Officer Herrera as a witness is reversed.
Reasons
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Per Jonathan B. Sutin, with Michael D. Bustamante and Michael E. Vigil concurring: The court decided to reverse the district court's decision to exclude Officer Herrera as a witness based on the reasons stated in the second notice of proposed summary disposition filed on December 14, 2012. No memorandum opposing summary reversal was filed, and the time for doing so had expired, leading to the court's decision to reverse the lower court's order.
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