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  • Commentaries
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New Mexico Case Commentaries

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 June 30 2025), is a non-precedential...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...
State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest

State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest

Date: Jun 18, 2025
State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest 1. Introduction On 12 June 2025 the Supreme Court of New...
State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

Date: Jun 13, 2025
State v. Armendariz (N.M. 2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis 1. Introduction State v. Armendariz,...
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony

State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony

Date: Jun 11, 2025
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony Introduction State v. Wood, No. S-1-SC-40305 (N.M. June 9, 2025), is a non-precedential opinion of...
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

Date: Jun 11, 2025
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons Introduction In State v. Nolan, No. S-1-SC-40029 (N.M. June...
State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

Date: Jun 11, 2025
State v. Perea: Clarifying that a Confidential Informant’s First-Hand Observation Alone May Supply the “Basis-of-Knowledge” Required for Probable Cause—But Is Not a Per Se Rule 1. Introduction Case:...
“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials

“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials

Date: Jun 4, 2025
“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials 1. Introduction Court & Date: New Mexico Supreme...
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act

Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act

Date: Jun 3, 2025
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act 1. Introduction The Supreme Court of New Mexico’s decision in Bolen v. New Mexico Racing Commission (2025)...
Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Date: Jun 3, 2025
Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases Introduction In State v. Johnson, 2025-NMCA-39827, the Supreme Court of New Mexico...
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Date: Jun 3, 2025
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule Introduction State of New Mexico v. Jimmie Atkins (No. S-1-SC-39940, June 2, 2025) presents a...
Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Date: May 20, 2025
Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder Introduction State v. Byram is a direct appeal from a 2021 first-degree murder conviction...
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Date: May 20, 2025
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram Introduction The Supreme Court of New Mexico’s decision in State v. Byram, filed May 19, 2025 (No. S-1-SC-40149),...
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Date: May 16, 2025
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh Introduction Ramirez v. Marsh (2025) is a landmark New Mexico Supreme Court decision consolidating two original...
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

Date: May 13, 2025
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence Introduction In State v. Morgan, decided May 12, 2025 by the Supreme Court of New Mexico, the...
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Date: May 9, 2025
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act Introduction Lerma v. State, decided May 8, 2025 by the Supreme Court of New Mexico, resolved a deep...
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Date: May 6, 2025
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk Introduction Stewart v. Ramczyk, decided May 5, 2025 by the Supreme Court of New Mexico, is the first New Mexico...
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Date: May 2, 2025
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing Introduction Lopez v. Presbyterian Healthcare Services, decided May 1, 2025 by the Supreme Court of New Mexico,...
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Date: Apr 29, 2025
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia Introduction State v. Garcia (2025-NM-SC-40221 consolidated with...
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