ROSWELL – The state Court of Appeals will convene at a Roswell school on Friday for an oral argument in a pending case.

 

A three-judge panel will hear arguments from attorneys in a case concerning constitutional protections against unreasonable searches and seizures. The proceeding will occur at 10 a.m. at Goddard High School.

 

“The Court of Appeals is excited to start holding oral arguments at schools around the state again. These oral arguments present students with an opportunity to learn firsthand about the law and the role of the judicial branch of government,” said Chief Judge Jennifer L. Attrep.

 

At an oral argument, attorneys outline their legal positions to the court and judges have an opportunity to question the attorneys about points of law.

 

In the case before the court, prosecutors for the state of New Mexico are challenging a district court’s decision to exclude the use of evidence police obtained during a search of a Lovington man’s house after he fled a traffic stop on foot. Police entered the home after seeing what they suspected to be a bag of methamphetamine and drug paraphernalia on a table inside the residence. The district court decided the warrantless search and seizure was not reasonable under the circumstances, and suppressed use of the evidence by prosecutors.

 

The oral argument takes place as the United States observes Law Day this week. Law Day honors the nation’s commitment to the rule of law, which protects the rights of individuals in a free society. Law Day is celebrated each year on May 1.

 

Students and attorneys who are members of the Chaves County Bar will be attending the court proceeding.

 

The case before the court is State v. Billy Jimenez, A-1-CA-40496. Click here to read the written briefs submitted by the parties explaining their legal arguments. Members of the panel hearing the case are Judges Zach Ives, Shammara Henderson and Gerald Baca.

 

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