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's appeal from an interlocutory order disqualifying Chief Deputy District Attorney Diana Luce from prosecuting the case against Defendant Michael Hagan.

Procedural History

• Appeal from the District Court of Lea County, William G. Shoobridge, District Judge, dated September 14, 2011: The district court issued an interlocutory order disqualifying Chief Deputy District Attorney Diana Luce from prosecuting the case.

Parties' Submissions

• Plaintiff-Appellant (State of New Mexico): Sought an appeal as of right from the interlocutory order disqualifying Chief Deputy District Attorney Diana Luce from prosecuting the case.
• Defendant-Appellee (Michael Hagan): Supported the proposed summary dismissal of the appeal.

Legal Issues

• Whether the interlocutory order disqualifying Chief Deputy District Attorney Diana Luce from prosecuting the case against Michael Hagan should be upheld.

Disposition

• The appeal was dismissed and the case was remanded for further proceedings in the district court.

Reasons

• Per LINDA M. VANZI, Judge (CYNTHIA A. FRY, Judge, MICHAEL E. VIGIL, Judge concurring): The court decided to dismiss the appeal based on the reasons stated in their notice of proposed summary disposition. Both the State and Defendant Michael Hagan filed memoranda in support of the proposed summary dismissal, leading to the court's decision to dismiss the appeal and remand for further proceedings in the district court.