New Mexico courts divide challenges to grand jury proceedings into two categories: (1) “challenges to the quality or sufficiency of the evidence before the grand jury” and (2) “structural challenges involving the manner in which the grand jury process has been conducted[.]” This article analyzes New Mexico courts’ unique approach to so-called “structural” challenges to the grand jury and recent rulemaking activity by the Supreme Court that expands court oversight of grand jury proceedings.
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Let's Get Rid of State v. Ulibarri's No-Prejudice Rule for Judicial Review of Grand Jury Proceedings,
N.M. L. Rev.
Available at: http://digitalrepository.unm.edu/nmlr/vol47/iss1/2