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

• (N/A)

Procedural History

• District Court of Bernalillo County, Denise Barela Shepherd, District Judge: [Not applicable or not found]

Parties' Submissions

• Appellant (State of New Mexico): Requested clarification on a single point regarding the trial court’s order and its effect on the alleged victim’s right to freely testify in any future proceeding.
• Appellee (Joseph Martinez): [Not applicable or not found]

Legal Issues

• Whether the trial court’s order affects the alleged victim’s right to freely testify in any future proceeding.

Disposition

• The motion for rehearing is granted, the memorandum opinion filed on February 15, 2012, is withdrawn, and the current opinion is substituted in its place. The court affirms the decision without opposing the proposed result but clarifies it does not decide on the effect of the trial court’s order on the alleged victim’s right to testify in future proceedings.

Reasons

• Per LINDA M. VANZI, J. (JAMES J. WECHSLER, J., and JONATHAN B. SUTIN, J., concurring): The court granted the appellant's motion for rehearing and withdrew the previous memorandum opinion, substituting it with the current opinion. The State did not oppose the proposed result of summary affirmance but requested clarification on the impact of the trial court's order on the alleged victim's right to testify in future proceedings. The court clarified that it does not decide on this specific effect, affirming the decision without addressing the trial court's order's implications on the alleged victim's rights.