{ "id": 707659, "name": "STATE of New Mexico, Petitioner-Appellee, v. BILLY M., a Child, Respondent-Appellant", "name_abbreviation": "State v. Billy M.", "decision_date": "1987-06-16", "docket_number": "No. 9901", "first_page": "123", "last_page": "124", "citations": [ { "type": "official", "cite": "106 N.M. 123" }, { "type": "parallel", "cite": "739 P.2d 992" } ], "court": { "name_abbreviation": "N.M. Ct. App.", "id": 9025, "name": "Court of Appeals of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "438 U.S. 204", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1769280 ], "weight": 4, "year": 1978, "opinion_index": 0, "case_paths": [ "/us/438/0204-01" ] }, { "cite": "44 L.Ed.2d 667", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1975, "opinion_index": 0 }, { "cite": "95 S.Ct. 2399", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1975, "opinion_index": 0 }, { "cite": "421 U.S. 1000", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 541668, 541128, 541081, 541547, 541871, 541971, 541908, 541591, 541625, 541753 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/us/421/1000-01", "/us/421/1000-04", "/us/421/1000-03", "/us/421/1000-08", "/us/421/1000-02", "/us/421/1000-05", "/us/421/1000-10", "/us/421/1000-09", "/us/421/1000-07", "/us/421/1000-06" ] }, { "cite": "321 A.2d 516", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1974, "opinion_index": 0 }, { "cite": "272 Md. 85", "category": "reporters:state", "reporter": "Md.", "case_ids": [ 1874202 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/md/272/0085-01" ] }, { "cite": "92 N.M. 74", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 1557264 ], "weight": 2, "year": 1978, "opinion_index": 0, "case_paths": [ "/nm/92/0074-01" ] }, { "cite": "421 U.S. 519", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 541745 ], "weight": 3, "year": 1975, "opinion_index": 0, "case_paths": [ "/us/421/0519-01" ] }, { "cite": "103 N.M. 532", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 711327 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nm/103/0532-01" ] } ], "analysis": { "cardinality": 310, "char_count": 4874, "ocr_confidence": 0.774, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.025830849597795084 }, "sha256": "e28372ac2294ba8bbb19ba139587337cab5c08dcb4a926552aea1a054e3764b8", "simhash": "1:8650143e7f4c85d0", "word_count": 769 }, "last_updated": "2023-07-14T15:27:22.270695+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "BIVINS and FRUMAN, JJ., concur." ], "parties": [ "STATE of New Mexico, Petitioner-Appellee, v. BILLY M., a Child, Respondent-Appellant." ], "opinions": [ { "text": "OPINION\nGARCIA, Judge.\nWe withdraw our opinion filed on May 21, 1987, and substitute the following.\nRespondent appeals from the children\u2019s court judgment and disposition finding him to be a delinquent child in need of care and rehabilitation. This court filed a calendar notice proposing summary affirmance and respondent filed a memorandum in opposition. One issue, listed in the docketing statement but not addressed in the memorandum in opposition, is deemed abandoned. See State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App.1985). The only remaining issue is whether jeopardy attaches in juvenile adjudicatory hearings once a special master begins to hear evidence. We hold that it does not and affirm the trial court.\nFACTS\nWith the special master sitting for the adjudicatory hearing, respondent was found to have committed misdemeanor aggravated battery. No evidence was tendered by the state concerning whether respondent was in need of care and rehabilitation, but the special master made such a finding.\nAfter reviewing respondent\u2019s objection to the special master\u2019s findings, the children\u2019s court entered a written order remanding the proceedings to the special master for a hearing to determine whether respondent was in need of care and rehabilitation. A second adjudicatory hearing was held in front of the special master, at which time the state presented evidence on the issue of respondent\u2019s need for care and rehabilitation. The special master again made a finding that respondent was in such need and the children\u2019s court entered a judgment and disposition.\nDISCUSSION\nRelying on Breed v. Jones, 421 U.S. 519, 95 S.Ct. 1779, 44 L.Ed.2d 346 (1975) and Doe v. State, 92 N.M. 74, 582 P.2d 1287 (1978), respondent contends that the children\u2019s court\u2019s remand to the special master for an additional hearing placed him in double jeopardy. We do not agree since the cases cited by respondent are distinguishable.\nIn Breed, the Supreme Court held that a juvenile was placed twice in jeopardy when, after an adjudicatory hearing, judgment and disposition in juvenile court on a charge of delinquent conduct, he was transferred to an adult criminal court and was tried and convicted of the same conduct. The present case is distinguishable because only one judgment and disposition, by the children\u2019s court, resulted. Respondent was not tried twice.\nRespondent\u2019s reliance on Doe is also misplaced. In that case, the children\u2019s court entered a finding that the child was in need of care and rehabilitation that was unsupported by the evidence. Our supreme court held that jeopardy had attached, and remand for a new adjudication of delinquency would have violated the constitutional prohibition against double jeopardy. In the present case, the children\u2019s court had made no findings and conclusions at the time it remanded the proceedings to the special master.\nAs long as the special master\u2019s recommendations are not binding on the children\u2019s court judge, a special master is considered a ministerial, rather than a judicial officer, and is without powers of adjudication. See In re Anderson, 272 Md. 85, 321 A.2d 516 (1974), cert. denied, 421 U.S. 1000, 95 S.Ct. 2399, 44 L.Ed.2d 667 (1975). Under SCRA 1986,10-111(F), the children\u2019s court is not bound by the special master\u2019s findings and conclusions. The children\u2019s court judge always has responsibility for the final decision in the case. Therefore, a special master\u2019s hearing, culminating with an adjudication by the children\u2019s court judge, constitutes a single proceeding. See Swisher v. Brady, 438 U.S. 204, 98 S.Ct. 2699, 57 L.Ed.2d 705 (1978). Thus, there was no violation of the double jeopardy clause when the children\u2019s court judge remanded to the special master prior to entering its findings and conclusions. See id.\nRespondent contends that Rule 10-111(F) only allows the children\u2019s court to receive additional evidence in a case where such evidence was excluded by the special master and exceptions were taken by a party. We decline to adopt such a narrow reading. In light of the limited role a special master plays in children\u2019s court proceedings, additional evidence may be received until the children\u2019s court judge enters findings and conclusions. We see nothing inappropriate in the children\u2019s court\u2019s refusal to accept an inadequate report from the special master and think it proper to remand for additional proceedings.\nFor the foregoing reasons, the children\u2019s court is affirmed.\nIT IS SO ORDERED.\nBIVINS and FRUMAN, JJ., concur.", "type": "majority", "author": "GARCIA, Judge." } ], "attorneys": [ "Hal Stratton, Atty. Gen., Santa Fe, for petitioner-appellee.", "Jacquelyn Robins, Chief Public Defender, Lynne Fagan, Appellate Defender, Santa Fe, for respondent-appellant." ], "corrections": "", "head_matter": "739 P.2d 992\nSTATE of New Mexico, Petitioner-Appellee, v. BILLY M., a Child, Respondent-Appellant.\nNo. 9901.\nCourt of Appeals of New Mexico.\nJune 16, 1987.\nCertiorari Denied July 20, 1987.\nHal Stratton, Atty. Gen., Santa Fe, for petitioner-appellee.\nJacquelyn Robins, Chief Public Defender, Lynne Fagan, Appellate Defender, Santa Fe, for respondent-appellant." }, "file_name": "0123-01", "first_page_order": 163, "last_page_order": 164 }