The prosecuting attorney shall not use the grand jury solely for the purpose of obtaining additional evidence against an already indicted person on the charge or accusation for which the person was indicted.
History: Laws 1979, ch. 337, § 12.
Misuse of protected information. — A grand jury indictment will be dismissed only if the defendant can affirmatively demonstrate how he was prejudiced by the prosecutor's alleged misuse of the protected grand jury information. State v. Benavidez, 1999-NMCA-053, 127 N.M. 189, 979 P.2d 234, rev'd on other grounds, 1999-NMSC-041, 128 N.M. 261, 992 P.2d 274.
Use of defendant's testimony at second grand jury hearing for impeachment at trial did not affect the validity of the second indictment since the grand jury was ordered in response to the defendant's own motion. State v. Martinez, 1996-NMCA-109, 122 N.M. 476, 927 P.2d 31, cert. denied, 122 N.M. 578, 929 P.2d 269.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-6-1 - Grand jury panels; calling; qualifying.
Section 31-6-2 - Foreman of grand jury.
Section 31-6-3 - Challenge to grand jury.
Section 31-6-5 - Return of indictments.
Section 31-6-6 - Oaths; grand jurors; witnesses; officers; penalty.
Section 31-6-7 - Assistance for grand jury; report.
Section 31-6-8 - Record of testimony.
Section 31-6-9 - Charge to grand jury.
Section 31-6-9.1 - Abuse of grand jury procedures.
Section 31-6-10 - Requirement for indictment; number of jurors concurring.
Section 31-6-11 - Evidence before grand jury.
Section 31-6-11.1 - Renewed presentation of evidence forbidden.
Section 31-6-12 - Subpoena powers; notice to witnesses.
Section 31-6-13 - Compensation of jurors and witnesses.