Appeals FAQS
I was told about a new criminal appellate opinion that deals with an issue of
concern to me. How do I get a copy of the opinion?
Published opinions from the New Mexico Court of Appeals and New Mexico Supreme Court
are available at www.nmcourts.com and the
New Mexico State Bar Bulletin.
How long does it take for a criminal appeal to be decided?
Many factors impact the final disposition of a criminal appeal. Some of the factors
are the complexity or novelty of the issues involved, the delays required to obtain
a complete trial record, whether a decision is reviewed by the New Mexico Supreme
Court after a decision by the Court of Appeals is issued, and whether an oral argument
is scheduled. A criminal defendant should address questions about the status of
a case to his or her attorney. Victims and their relatives may contact the Victim
Advocate through the Attorney General Prosecutions Division website.
Why does the office of the Attorney General handle criminal appeals when the
District Attorney prosecutes the cases at trial?
By statute, the District Attorney is authorized to represent the State, including
the prosecution of felony crimes, in the district courts. By the terms of the New
Mexico Constitution as well as by statute, only the Attorney General is authorized
to represent the State in the appellate courts of New Mexico. There are occasions
when the District Attorney will appear in the appellate courts, such as when a writ
is filed naming the attorney as a party. In criminal appeals the responsibility
for defending a criminal conviction is vested in the Attorney General.
Does the Criminal Appeals Division assist people who want a crime investigated?
No. This Division represents the State when a criminal conviction has been obtained
and the person convicted has appealed, seeking to have his or her conviction reversed.
The Division is also responsible for representing prison wardens when a prisoner
claims that his conviction or the conditions of his confinement violate the New
Mexico or United States Constitution such claims are made by filing a petition for
writ of habeas corpus. Most of these cases arise from charges filed and prosecuted
by the District Attorney. The Criminal Appeals Division does not investigate crimes,
conduct grand jury proceedings, or investigate criminal allegations.
Can the Criminal Appeals Division help me in a case where I am the target of
an investigation, where I am the defendant in a criminal case, or a prisoner seeking
relief from prison conditions?
No. The Criminal Appeals Division is not involved in ongoing criminal investigations.
The Division is responsible for the pursuit of the just resolution of criminal appeals.
The Division also defends prison wardens when the conditions of prison confinement
are challenged. Members of the Division will not seek to have an unlawful conviction
upheld or to permit an unconstitutional prison condition to be imposed. The Rules
of Professional Conduct prevent members of this Division from providing legal advice
to a convicted person who is represented by an attorney or is appearing pro se.
How do I apply for a position with the Criminal Appeals Division?
There are sixteen attorneys and two support staff employees in the Criminal Appeals
Division. The Attorney General makes all hiring decisions. Openings are usually,
but not always, listed in the New Mexico State Bar Bulletin. Openings are infrequent.
The Division, however, welcomes letters of introduction providing qualifications
and experience. Letters may be sent to: Director, Criminal Appeals Division, P.O.
Drawer 1508, Santa Fe, New Mexico 87504-1508. All such information is maintained
for at least six months. Submission of a letter does not guarantee consideration
for any advertised position.
What other resources are available for information about the New Mexico criminal
justice system?
Link Resources