[DOWNLOAD] "State V. Lopez" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Lopez
- Author : New Mexico Court of Appeals
- Release Date : January 13, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The state vigorously argues the issues in this case are legal issues, freely reviewable by this court. See Boone v. State, 105 N.M. 223, 731 P.2d 366 (1986) (reviewing court not bound by a trial court's ruling that is predicated on a mistake of law). Defendant equally vigorously argues the issues are factual, requiring deference to the trial court's ruling. See State v. Harge, 94 N.M. 11, 606 P.2d 1105 (Ct. App.1979), overruled on other grounds, Buzbee v. Donnelly, 96 N.M. 692, 634 P.2d 1244 (1981) (rulings on motions to suppress governed by the substantial evidence standard). Therefore, it is first necessary to determine whether we are reviewing a legal issue or a factual issue.