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 a motion to abate proceedings to their inception following the suggestion of death of the defendant, Peter Chavez. The Supreme Court of the State of New Mexico considered the motion and the response to it.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Petitioner: Submitted a motion to abate proceedings to their inception upon suggestion of death of the defendant.
• Defendant-Respondent: A response to the motion was made, but the content of the response is not detailed in the decision.

Legal Issues

• Whether the proceedings should be abated to their inception upon the suggestion of death of the defendant.

Disposition

• The motion to abate proceedings to their inception is granted.
• The Court of Appeals opinion is vacated and shall not be published nor cited as precedent.
• An amended mandate shall issue immediately, and the record proper, transcript of proceedings, and exhibits shall be returned to the New Mexico Court of Appeals.

Reasons

• Per Chief Justice Charles W. Daniels, Justice Petra Jimenez Maes, Justice Edward L. Chavez, Justice Barbara J. Vigil, and Justice Judith K. Nakamura concurring: The Court decided to grant the motion to abate the proceedings to their inception following the suggestion of death of the defendant. This decision also involved vacating the Court of Appeals opinion, preventing it from being published or cited as precedent, and ordering the immediate issuance of an amended mandate along with the return of all court materials to the New Mexico Court of Appeals.