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State v. Powell

New Mexico Court of Appeals
839 P.2d 139 (1992)


Facts

David William Powell (defendant), a teacher at Western New Mexico University, was convicted of criminal libel in magistrate court based on publically-disseminated accusations he had made against the university’s acting academic vice-president for academic affairs. Powell appealed the conviction to district court, where he was entitled to a new trial. Powell filed a motion to dismiss the complaint against him on the grounds that the state’s criminal libel statute was unconstitutional on its face and as applied to the charge against him. The district court granted Powell’s motion and dismissed the complaint. The State of New Mexico appealed.

Rule of Law

Issue

Holding and Reasoning (Hartz, J.)

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