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  • Commentaries
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New Mexico Case Commentaries

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

Date: Jul 16, 2025
The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico 1. Introduction In State v. Padilla, decided on 15 July 2025, the New...
The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

Date: Jul 16, 2025
The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal 1. Introduction In State v. Jones, the Supreme Court of New Mexico confronted a deceptively simple but...

        “Clear and Unmistakable Waiver” Required:  Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025
“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

Date: Jul 15, 2025
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....
From Automatic Discharge to Due-Process Balancing:  Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

Date: Jul 15, 2025
From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico Introduction Aragon v. Martinez, consolidated with...
Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Date: Jul 11, 2025
Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act 1. Introduction Court: Supreme Court of New Mexico Date: 9 July 2025...
The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

Date: Jul 11, 2025
The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall 1. Introduction In Pena v. Rio Arriba County Commissioner, No. S-1-SC-40411 (N.M. July 9,...
The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico

The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico

Date: Jul 11, 2025
The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico Introduction The Supreme Court of New Mexico’s decision in State v. Perry, No. S-1-SC-40187 (July 9,...
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals

The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals

Date: Jul 7, 2025
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals 1. Introduction Pena v. State (2025-NMSC-___) confronts a long-standing tension in New...
“Necessary Means Necessary” – The New Mexico Supreme Court Grafts Rule 1-019’s
          “Complete Relief” Test onto Children’s Court Joinder under Rule 10-121(B)(4)

“Necessary Means Necessary” – The New Mexico Supreme Court Grafts Rule 1-019’s “Complete Relief” Test onto Children’s Court Joinder under Rule 10-121(B)(4)

Date: Jul 7, 2025
“Necessary Means Necessary” — Incorporating the Civil “Necessary-Party” Standard into Abuse-and-Neglect Proceedings: A Commentary on State ex rel. CYFD v. Calvin T. 1. Introduction In State ex rel....
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne”

“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne”

Date: Jul 7, 2025
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne 1. Introduction The Supreme Court of New Mexico,...
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims

Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims

Date: Jul 7, 2025
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims Introduction Garcia v. Allstate Fire and Casualty Insurance Company, decided by the Supreme Court of New Mexico on...
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights

“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights

Date: Jul 7, 2025
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights Introduction The decision in State ex rel. Office of...
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial

When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial

Date: Jul 7, 2025
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial...
Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC

Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC

Date: Jul 7, 2025
Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC 1. Introduction Background. The litigation began with Creig Butler’s...
Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage

Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage

Date: Jul 7, 2025
Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage Introduction Kileen v. Didio, Opinion No. 2 (June 30 2025), marks the latest and most consequential...
State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions

State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions

Date: Jul 7, 2025
State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions Introduction State v. Goldman, No. S-1-SC-40100 (N.M. Sup. Ct. June 30 2025), is a non-precedential...
State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media

State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media

Date: Jun 27, 2025
State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media Introduction State v. Garcia, No. S-1-SC-39925 (N.M. June 26 2025), is a...
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts

“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts

Date: Jun 27, 2025
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts 1. Introduction State v. Chavez, 2025-NMSC-___, stands at the...
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