Petitions of the day

Petitions of the dayThe petitions of the day are: Supreme Court of New Mexico v. United States 16-1323 Issue: Whether Rule 16-308(E) of the New Mexico Rules of Professional Conduct is pre-empted with respect to federal prosecutors in the context of grand jury proceedings. United States v. Supreme Court of New Mexico 16-1450 Issue: Whether the U.S. Court of Appeals for […]

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Petitions of the day

The petitions of the day are:

16-1323

Issue: Whether Rule 16-308(E) of the New Mexico Rules of Professional Conduct is pre-empted with respect to federal prosecutors in the context of grand jury proceedings.

16-1450

Issue: Whether the U.S. Court of Appeals for the 10th Circuit erred in holding that New Mexico Rule of Professional Conduct 16-308(E)—which states that a prosecutor shall not “subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present clients unless the prosecutor reasonably believes,” among other things, that “the evidence sought is essential to the successful completion of an ongoing investigation or prosecution” and that “there is no other feasible alternative to obtain the information”—may be applied to federal prosecutors serving subpoenas outside the grand jury context.

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