(DOWNLOAD) "Benally V. Marcum" by New Mexico Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Benally V. Marcum
- Author : New Mexico Supreme Court
- Release Date : January 10, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The petitioner is an enrolled member of the Navajo Tribe who resides on the Navajo Reservation, within San Juan County and near the City of Farmington. The respondents are a municipal judge of the City of Farmington and the City of Farmington itself. The petitioner sought a writ of prohibition in the District Court of San Juan County on the basis of the following facts. Farmington police officers attempted to stop Benally within the city limits of Farmington for allegedly violating, in their presence, city ordinances which prohibit driving while under the influence of alcohol, driving recklessly and causing an accident involving damage to property. Eluding the police officers, Benally allegedly fled through the streets of Farmington to the Navajo Reservation. He was finally apprehended by the officers within the reservation, brought back to Farmington, incarcerated in the city jail, and charged with the violation of the municipal ordinances mentioned. He was released on bond. Before entering a plea to the charges, Benally moved by special appearance in the municipal court to dismiss the charges for lack of jurisdiction. The motion was denied. Benally then obtained a temporary writ of prohibition in the district court prohibiting the municipal judge from proceeding in the case. Upon a hearing, however, the district court dissolved the temporary writ and dismissed the petition. Benally appeals from this order of the district court.
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