[DOWNLOAD] "State v. Brinkley" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Brinkley
- Author : New Mexico Supreme Court
- Release Date : January 29, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Appellants argue that a motion to set aside a sentence is a continuation of a criminal prosecution. The contention and argument are without merit. A motion pursuant to Rule 93 is a civil proceeding, not criminal, and is governed by the Rules of Civil Procedure. State v. Weddle, 77 N.M. 420, 423 P.2d 611. Further, the Due Process Clause of the Fourteenth Amendment does not require a judge to have a convicted person present for the hearing on the motion. Whether the trial court should have required the presence of the appellants at the hearing was a matter resting in its sound discretion, and we fail to see any abuse of discretion in this record. See Sanders v. United States, 373 U.S. 1, 83 S. Ct. 1068, 10 L. Ed. 2d 148; and Luse v. United States, 326 F.2d 338 (10th Cir. 1964).
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