On the Attorney General’s behalf and pursuant to the mandate in Section § 8-5-2 (A) NMSA, the attorneys in the Criminal Appeals Division represent the State in every criminal appeal filed in New Mexico, including those filed by prosecutors from suppression of evidence to defendants challenging convictions. In addition, the Criminal Appeals Division represents wardens in state and federal habeas corpus cases, represents the State’s interest in extraordinary writ cases, and also reviews every extradition and rendition arising from a governor’s warrant for a fugitive. Each year members of the Criminal Appeals Division file briefs in the New Mexico Court of Appeals, the New Mexico Supreme Court, the United States District Court for the District of New Mexico, the Tenth Circuit Court of Appeals, and the United States Supreme Court. Attorneys participate in training for prosecutors and judges. Several attorneys are active on various Supreme Court committees. The Criminal Appeals Division does not enter into settlements or generate any funding for the office. The work of the Criminal Appeals Division is mandated by statute.
Manual for District Attorneys: How to Take An Appeal (PDF link below)
Please check the current version of any statute or rule.
Download a copy below.
To view the document online click on the PDF link below on the left. To download the PDF, click the red arrow, below on the right.