M. Motions for Rehearing. Missing: Tarrant TexasA single Bench of Justice S The Guadalupe County Magistrate Court is a magistrate court in New Mexico . Usually, if a judge grants a Motion to Dismiss because of one of these types of defects in the complaint, the case will be dismissed without prejudice.
No. No. A motion to dismiss a complaint when the complaint is a “materially inaccurate,” “contrary to law or fact,” or “unfounded.” The case was remanded to the Guadalupe County Magistrate court. The defendant was released on probation for three years with the conditions that the person be “on his best behavior” with the sheriff's office and that he have no contact with the victim. “The facts of the case and the defendant's conduct provide substantial grounds for concluding that an attempt was made to commit a crime,” the motion states. The defendant's conduct occurred while he was employed as a corrections officer at the Eloy Detention center, a federally funded facility run by the Eloy County Sheriff's Department. In February 2012, according to court documents, he sexually assaulted a female inmate. The woman filed charges against the defendant in November 2012. The defendant was terminated after the inmate filed separate charges against him in March 2012.
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