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Thu March 20, 2014
New Mexico Supreme Court Wants Legislative Fix For Appeals Law
New Mexico's highest court wants the Legislature to correct what it calls "an outdated and dysfunctional" state law governing certain appeals.
Cities can appeal directly to the state Supreme Court — rather than the Court of Appeals — from lower court rulings involving violations of municipal ordinances.
The Supreme Court said Thursday the appeal statute is "contrary to sound principles of judicial and common sense" and expressed hope that lawmakers will change the law.
The court made the statements in a ruling that reinstated charges against a Silver City man for drinking alcohol in public and possessing marijuana in violation of city ordinances.
The justices reversed a district court decision that dismissed charges against Jimmy Ferranti after determining that his arrest in 2012 was unconstitutional.
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