New Mexico Court of Appeals Holds that Tribal Court Child Custody Case Does Not Preempt State Case

Here is the opinion in State v. Diggs, in which the court rejected a double jeopardy argument. An excerpt:

Defendants Jonathan Diggs and Rebecca Miller appeal in advance of their trial from the district court’s denial of their motions to dismiss on double jeopardy grounds. We consider whether the New Mexico Constitution and double jeopardy statute prohibit the State from prosecuting Defendants for child abuse because the Children, Youth and Families Department (CYFD) previously investigated Defendants for child abuse and the Acoma Pueblo tribal court previously held a custody hearing on the same issues. We hold that there was no double jeopardy violation and affirm.