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STATE v. EDER

No. 8202.

704 P.2d 465 (1985)

103 N.M. 211

STATE of New Mexico, Plaintiff-Appellant, v. John EDER and Virginia Eder, Defendants-Appellees.

Court of Appeals of New Mexico.

July 18, 1985.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Nancy Hollander, Freedman, Boyd & Daniels, P.A., Albuquerque, for defendant-appellee John Eder.

Joseph N. Riggs III, Albuquerque, for defendant-appellee Virginia Eder.

Steven H. Schiff, Dist. Atty., Joe Lally, Asst. Dist. Atty., Albuquerque, for amicus curiae.

OPINION

NEAL, Judge.

The trial court granted defendants' motion to suppress evidence and dismiss defendants' grand jury indictment with prejudice. The state appeals. We affirm in part and reverse in part, holding that the suppression of the evidence is a sufficient remedy for the prosecutorial misconduct in this case, and we therefore remand for trial.

Defendants are husband and wife and were employees of the Bernalillo County Detention Center. The...

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