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Facts

  • The case involves the petitioner, Sara Sanchez, challenging a criminal action presided over by Honorable William M. Mast, a Sandoval County Magistrate Judge, for violation of the six-month rule. The district court granted a petition for writ of certiorari, mandamus, and superintending control, dismissing the criminal action before Judge Mast based on this violation.

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Petitioner-Appellee: Argued that the district court's power of supervisory control justifies the issuance of writs of superintending control to inferior courts and that the district court properly exercised its power because there was no adequate remedy at law and substantial rights were at stake. Additionally, contended that the writ could be affirmed as a writ of mandamus due to the nondiscretionary duty to dismiss for violation of the six-month rule (paras 2-3).
  • Respondent-Appellant: Challenged the district court's order granting the petition for writs, arguing that the district court issued the writ in error and that the petitioner's right to a de novo appeal provided an adequate legal remedy (para 1).

Legal Issues

  • Whether the district court properly exercised its power of supervisory control by issuing a writ of superintending control to dismiss a criminal action for violation of the six-month rule.
  • Whether a writ of mandamus was appropriately granted based on the nondiscretionary duty to dismiss for violation of the six-month rule.

Disposition

  • The Court of Appeals reversed the district court’s order granting the petition for a writ of certiorari, mandamus, and supervisory control, with instructions for the district court to remand the case to magistrate court for further proceedings (para 8).

Reasons

  • DUFFY, Judge (with JACQUELINE R. MEDINA, Judge and JANE B. YOHALEM, Judge concurring): The Court found that the petitioner's right to a de novo appeal in district court was an adequate remedy at law, thus negating the need for extraordinary writs. The Court emphasized that the power of superintending control is reserved for exceptional circumstances, which did not exist in this case because the petitioner had an adequate remedy through de novo appeal. The Court also clarified that the six-month rule does not involve a substantive or constitutional right that would necessitate immediate intervention through a writ. The Court underscored that extraordinary writs should not substitute for direct or interlocutory appeal, highlighting statutory provisions that afford defendants the right to appeal to district court for a de novo trial. Consequently, the Court concluded that neither a writ of superintending control nor mandamus was properly granted in this instance (paras 3-7).
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