Opinion
S-1-SC-37721
05-26-2022
STATE OF NEW MEXICO, Plaintiff-Respondent, v. DALLAS RILEY, Defendant-Petitioner.
Bennett J. Baur, Chief Public Defender Caitlin C.M. Smith, Assistant Appellate Defender Santa Fe, NM for Petitioner Hector H. Balderas, Attorney General John Kloss, Assistant Attorney General Santa Fe, NM for Respondent
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ORIGINAL PROCEEDING ON CERTIORARI Karen L. Townsend, District Judge
Bennett J. Baur, Chief Public Defender Caitlin C.M. Smith, Assistant Appellate Defender Santa Fe, NM for Petitioner
Hector H. Balderas, Attorney General John Kloss, Assistant Attorney General Santa Fe, NM for Respondent
DISPOSITIONAL ORDER OF AFFIRMANCE
MICHAEL E. VIGIL, CHIEF JUSTICE
{¶1} WHEREAS, the Court granted Defendant Dallas Riley's petition for writ of certiorari to review the Court of Appeals determination that the district court erred in ruling that the blood test results at issue were inadmissible because the district court misapprehended State v. Adams, 2019-NMCA-043, 447 P.3d 1142 and NMSA 1978, Section 66-8-103 (1978); and
{¶2} WHEREAS, the Court ordered that this case be held in abeyance pending the Court's disposition of State v. Adams, 2022-NMSC-008, 503 P.3d 1130; and
{¶3} WHEREAS, this Court issued an opinion in Adams, id.; and
{¶4} WHEREAS, the Court concludes that the issue of law presented in this case was addressed by the Court's opinion in Adams, id.; and
{¶5} WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to dispose of this case by nonprecedential order rather than a formal opinion;
{¶6} NOW, THEREFORE, IT IS ORDERED that the memorandum opinion of the Court of Appeals is affirmed, and the matter is remanded to the district court for further proceedings in accordance with Adams, 2022-NMSC-008.
{¶7} IT IS SO ORDERED.
C. SHANNON BACON, Justice, DAVID K. THOMSON, Justice, JULIE J. VARGAS, Justice
BRIANA H. ZAMORA, Justice, not participating