Herrera v. Sanchez
2014 NMSC 018
N.M.2014Background
- Herrera indicted for second-degree murder; pretrial mandamus sought to dismiss the indictment based on grand jury misconduct.
- State presented case to grand jury; Petitioner urged alert of exculpatory evidence and potential Downs testimony.
- Grand jury judge partially granted the State’s preclusion of Downs testimony by redacting portions of the letter and ordering the grand jury to consider only non-redacted parts.
- Petitioner testified before the grand jury; prosecutor interrupted and later instructed with UJI-based guidance, including remarks about the consequences of the verdict.
- Prosecutor read and applied Uniform Jury Instructions but added inappropriate narrative urging sympathy, compromising the grand jury’s impartiality; grand jury indicted; trial court denied dismissal; NM Supreme Court granted mandamus to dismiss without prejudice.
- The Court uses its superintending control to invalidate the indictment for structural grand jury violations and to allow the State to reindict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutorial interference violated grand jury protections | Herrera | Sanchez | Yes; indictment dismissed for structural violations |
| Whether misinstruction violated fair and impartial grand jury duties | Herrera | State | Yes; improper narrative undermined neutrality and required dismissal |
| Whether dismissal without prejudice was proper | Herrera | State | Yes; prejudice presumed from structural violation |
| Whether evidence or testimony could have altered probable cause | Herrera | State | Not necessary to prove prejudice; structural defects require dismissal |
Key Cases Cited
- Jones v. Murdoch, 145 N.M. 473 (2009-NMSC-002) (prosecutor must alert grand jury to target-offered evidence; grand jury not limited to State’s evidence)
- De Leon v. Hartley, 316 P.3d 896 (2014-NMSC-005) (district court should quash indictment without prejudice for grand jury misconduct)
- Ulibarri, 994 P.2d 1164 (1999-NMCA-142) (structural protections safeguard grand jury integrity; withholding evidence undermines probable cause review)
- Davis v. Traub, 565 P.2d 1015 (1977-NMSC-049) (grand jury safeguards to preserve right to be free from government harassment; absence of rights in grand jury proceedings)
- Baird v. State, 568 P.2d 193 (1977-NMSC-067) (statutes governing grand jury proceedings must be strictly enforced; presence of unauthorized person triggers prejudice)