State v. Trevizo: Three-Part Waiver Test for Third-Party Presence and a Narrow Mandatory-Reporting Exception to Physician-Patient Privilege 1. Introduction In State v. Trevizo (N.M. July 30, 2026),...
State v. Mendez: Totality-of-Voir-Dire Review Preserves and Proves Actual Law-Enforcement Bias; Fuson Presumed-Prejudice Rule Reaffirmed I. Introduction In State v. Mendez (N.M. July 13, 2026), the...
State v. Morgan: Courts Must Decide Reasonable Suspicion Before Applying the New-Crime/Attenuation Exception 1. Introduction In State v. Morgan (N.M. July 13, 2026), the Supreme Court of New Mexico...
State v. Mendez: Totality-of-Statements Review for Juror Actual Bias and Reaffirmation of Fuson’s Presumed Prejudice Rule 1. Introduction In State v. Mendez (N.M. July 13, 2026), the Supreme Court of...
State v. Morgan (N.M. 2026): Courts Must Decide Reasonable Suspicion Before Reaching the “New Crime Exception,” and Officer Identification Does Not Negate Reasonable Suspicion I. Introduction In...
Clarifying LWOP Aggravator Instructions in Unbifurcated Murder Trials: No Fundamental Error When Jury Is Told to Reach the Aggravator Only After Finding Deliberate First-Degree Murder I. Introduction...
New Mexico Judicial Discipline: The Judicial Standards Commission May Investigate and Adjudicate Without Masters Absent Unconstitutional Bias, and Repeated, Defiant Legal Error Can Constitute Willful...
Consciousness of Guilt Is Not Deliberation: Limits on Proof of Deliberate-Intent First-Degree Murder and the Binding Force of UJI Use Notes (State v. Trujillo) 1. Introduction State v. Trujillo (N.M....
State v. Schuster: No “Offsetting” Governmental Delay Under Barker—Bureaucratic Indifference and Systemic Prosecutorial Practices Can Make the First Three Factors Dispositive Without Prejudice...
State v. Causey: Article II, Section 10 Governs Admissibility of Out-of-State Search Evidence in New Mexico Courts 1. Introduction In State v. Causey (Supreme Court of New Mexico, July 8, 2026), the...
Prior Attempt to Kill the Same Intended Target Is Admissible to Prove Intent, Motive, and Identity (and Co‑Conspirator Testimony Remains a Credibility Question for the Jury) Introduction State v....
Sex Offender Parole Under § 31-21-10.1 Attaches at Sentencing Without a Prison-Incarceration Prerequisite Case: State v. Eaker Court: Supreme Court of New Mexico Date: June 17, 2026 Posture: State’s...
State’s Mental-State Expert May Testify in Case-in-Chief; Trial Courts May Vary Order of Proof Under Rule 5-607(J) I. Introduction In State v. Cuellar (N.M. June 15, 2026) (unpublished; Rule 12-405...
IPRA “As Otherwise Provided by Law”: Only Formally Promulgated Regulations Implementing Clear Legislative Confidentiality Intent Can Bar Disclosure I. Introduction In Am. Civ. Liberties Union of N.M....
Qualified Health Care Providers Receive MMA Protection for Vicarious Liability Based on Non-QHP Nurses’ Malpractice I. Introduction In Ferlic v. Lovelace Health Sys., LLC (N.M. June 8, 2026), the...
Improper Jury Communications in New Mexico: Rule 5-612(D)(3) Does Not Excuse Defendant’s Absence, and Presumed Prejudice Is Rebutted When the Court Merely Refers Jurors Back to Existing Instructions...
IPRA Requires Segregation and Disclosure of Nonopinion Personnel-File Information; Investigative Attorney Reports Are Not Privileged Absent a Primary Legal-Advice Purpose Case: Albuquerque J. v. Bd....
Wrongful Death Act PR Appointment Orders Are Final: No Post-Appointment Subpoena Power Absent a Filed Wrongful Death Action I. Introduction In Murphy v. O'Reilly Auto. Stores, Inc. (N.M. May 28,...
Deliberate-Intent Proof for First-Degree Murder Requires Evidence of Actual Deliberation Beyond Multiple Shots and Speculative Inferences I. Introduction State v. Cerna (N.M. May 28, 2026, No....
Serious Youthful Offenders: Firearm Enhancements Under Section 31-18-16(A) Are Capped at One Year 1. Introduction In State v. Salinas (N.M. May 21, 2026) (unpublished, nonprecedential under Rule...