New Mexico > Appellate Courts > Court Of Appeals
Informal Docketing Statement (Criminal) - New Mexico
| Informal Docketing Statement (Criminal) Form. This is a New Mexico form and can be used in Court Of Appeals Appellate Courts . |
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This is an Informal Docketing Statement for a CRIMINAL APPEAL to the New Mexico Court of Appeals. You must type or word process all the information required on this form. If you need to useextra pages, you must type or word process them. Attach a Case Information Sheet as the first pageor pages of the docketing statement. File the original of this Docketing Statement with the Court ofAppeals. INFORMAL DOCKETING STATEMENT (CRIMINAL) 1. What order are you appealing from?(T ell what the title of the order is and what theorder did.) 2. What date was the order filed on?(T his is the date that is file-stamped on the order)_________________________What date was the notice of appeal filed on?(This is the date that isfile-stamped on the notice of appeal)_______________________________________________ Questions 3-17 are designed to help you tell the Court why you are appealing (what you arecomplaining about), and also tell the Court some other necessary information. If you know of any legal authority (cases, statutes, rules, constitutions) that support your complaints, please list themin the spaces given for your complaints. The questions usually ask you to tell what you did to complain about things. If you did not complain, please say so instead o f writing what you did to complain. <<<<<<<<<********>>>>>>>>>>>>> 2 3. Tell us about all the evidence that the State presented to convict you, who testifiedagainst you, and what did they say? 4. Did the judge or the prosecutor do anything wrong prior to the trial? Yes ___ No ___ If you answered yes, please tell us what went wrong and what you did tocomplain about it. <<<<<<<<<********>>>>>>>>>>>>> 3 5. Did the judge or the prosecutor do anything wrong during the questioning or thepicking of the jury? Yes ____ No ____ If you answered yes, please tell us what went wrong andwhat you did to complain about it. 6. Did the judge or the prosecutor do anything wrong during the opening statements?Yes ____ No ____ If you answered yes, please tell us what went wrong and what you did tocomplain about it. <<<<<<<<<********>>>>>>>>>>>>> 4 7. Did the judge admit evidence that you wanted to keep out? Yes ____ No ___If you answered yes, please tell us what the evidence was, why you wanted to keep it out, and howyou complained to the judge about it. 8. Did you want to offer evidence that the judge would not let you present? Yes____No _____ If you answered yes, please tell us what the evidence was and why you think the judgewould not let you present it.<<<<<<<<<********>>>>>>>>>>>>> 5 9. Are you complaining that the evidence against you was not good enough or that thewitnesses against you lied? Yes____ No ____ If you answered yes, please tell us exactly why theevidence was not good enough or why you think the witnesses were lying. 10. Was there anything wrong with the instructions given to the jury? Yes ____ No_____ If you answered yes, please tell us what was wrong and what you did to complain about it.<<<<<<<<<********>>>>>>>>>>>>> 6 11. Was there anything wrong with the closing statements? Yes ____ No _____ If youanswered yes, please tell us what was wrong and what you did to complain about it. 12. Did the judge or prosecutor make any mistakes in sentencing you? Yes ___ No ____If you answered yes, please tell us what mistakes were made and what you did to complain aboutthem. <<<<<<<<<********>>>>>>>>>>>>> 7 13. Did you move for a new trial or reconsideration and was a mistake made in denyingyour motion? Yes ____ No ____ If you answered yes, please tell us what mistakes were made andhow you complained about them. 14. Are there any other reasons why you are appealing? Yes ___ No ____ If youanswered yes, please tell us what they are.<<<<<<<<<********>>>>>>>>>>>>> 8 15. What action do you want the Court of Appeals to take? 16. The proceedings were _____ were not _____ tape recorded. If you checked that theproceedings were not tape recorded, please tell us which hearings or which days of trial were not taperecorded. 17. Are there any other appeals that are related to this one, either because they are appealsof other defendants from the same trial or related trials or because they are earlier appeals in the samecase or any other reason. Yes ____ No ____ If you answered yes, please tell us the names and casenumbers for those appeals. Sign your name: ________________________________Be sure you attach an affidavit of service.Be sure to pay the filing fee or file an Application and Order for Free Process.<<<<<<<<<********>>>>>>>>>>>>> 9You must type or word process the information required on this form.AFFIDAVIT OF SERVICE FOR INFORMAL DOCKETING STATEMENT (CRIMINAL)______________________________(your full name), being duly sworn upon his or her oath oraffirmation, hereby declares under penalty of perjury that he or she [mailed] [personally delivered](circle or underline one of the foregoing - the one that you did) the foregoing docketing statementto the following people or entities at the addresses indicated on this _____ day of____________________, ______( put the date you mailed or delivered the docketing statement).The following spaces are for the names and addresses of the people you are required to mail ordeliver the docketing statement to. You must fill them all in. The district court clerk or the judgessecretary may be able to help you with these names and addresses. District Court Clerk ____________________________(street or P.O. address of district court clerk) ____________________________ (city, state, and zip code of district court clerk) Appellate Division Attorney General P.O. Box 1508 Santa Fe, NM 87504 Appellate Division Public Defender 301 North Guadalupe Santa Fe, NM 87501 _______________________________________(name of trial judge) _______________________________________(street or P.O. address of trial judge) _______________________________________(city, state, and zip code of trial judge) _________________________________(name of opposing counsel) _________________________________(street or P.O. address of opposing counsel) _________________________________(city, state, and zip code of opposing counsel)<<<<<<<<<********>>>>>>>>>>>>> 10 ________________________________(name of court reporter or tape monitor) ________________________________(street or P.O. address of reporter or monitor) ________________________________(city, state, and zip code of reporter or monitor) _____________________________________ (Sign your name in front of a Notary Public)S
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