New Mexico Case Commentaries

Affirmation of Discretion to Limit Good Time Credits Under EMDA for Serious Youthful Offenders

Date: Apr 29, 2010

Affirmation of Discretion to Limit Good Time Credits Under EMDA for Serious Youthful Offenders Introduction The case of State of New Mexico v. Anthony Tafoya addresses the statutory interpretation of...

Kersey v. Hatch: Felony Murder Doctrine and Retroactivity in Double Jeopardy Analysis

Date: Apr 15, 2010

Kersey v. Hatch: Felony Murder Doctrine and Retroactivity in Double Jeopardy Analysis Introduction Kersey v. Hatch is a pivotal case decided by the Supreme Court of New Mexico on April 14, 2010. The...

Supreme Court of New Mexico Clarifies 'Express Permission' Under the Unfair Practices Act

Date: Mar 5, 2010

Supreme Court of New Mexico Clarifies 'Express Permission' Under the Unfair Practices Act Introduction The case of Quynh Truong et al. v. Allstate Insurance Company et al. reached the Supreme Court...

State v. Flores: Upholding First-Degree Murder Conviction Through Comprehensive Evidentiary Analysis

Date: Jan 6, 2010

State v. Flores: Upholding First-Degree Murder Conviction Through Comprehensive Evidentiary Analysis Introduction In the case of State of New Mexico v. Joseph Flores, the Supreme Court of New Mexico...

Revisiting the Speedy Trial Right: State of New Mexico v. Frank O. Garza

Date: Jun 26, 2009

Revisiting the Speedy Trial Right: State of New Mexico v. Frank O. Garza Introduction The Supreme Court of New Mexico, in State of New Mexico v. Frank O. Garza (146 N.M. 499, 2009), addressed...

Redefining Child Endangerment: Substantial and Foreseeable Risk Required for Conviction

Date: Jun 24, 2009

Redefining Child Endangerment: Substantial and Foreseeable Risk Required for Conviction Introduction In the landmark case of State of New Mexico v. Julio Chavez (146 N.M. 434), decided on June 23,...

Admissibility of Medical Expert Testimony in Workers' Compensation: DeWitt v. Rent-A-Center

Date: Jun 18, 2009

Admissibility of Medical Expert Testimony in Workers' Compensation: DeWitt v. Rent-A-Center, Inc. Introduction The case Leslie A. DeWitt v. Rent-A-Center, Inc. (146 N.M. 453), adjudicated by the...

New Mexico Supreme Court Establishes Judicial Authority to Grant Use Immunity to Defense Witnesses

Date: Jun 16, 2009

New Mexico Supreme Court Establishes Judicial Authority to Grant Use Immunity to Defense Witnesses Introduction In the landmark case of State of New Mexico v. Isaac Belanger, the Supreme Court of New...

Judicial Recusal Standards: STATE of New Mexico v. J. Tyrone Riordan

Date: May 22, 2009

Judicial Recusal Standards: STATE of New Mexico v. J. Tyrone Riordan Introduction In the landmark case STATE of New Mexico v. J. Tyrone Riordan (146 N.M. 281), adjudicated by the Supreme Court of New...

Unenforceable One-Sided Arbitration Clauses: New Mexico Supreme Court Declares Them Unconscionable

Date: Apr 30, 2009

Unenforceable One-Sided Arbitration Clauses: New Mexico Supreme Court Declares Them Unconscionable Introduction In the landmark case Laura A. Cordova v. World Finance Corporation of New Mexico, the...

Reasonable Suspicion for Traffic Stops Based on Turn Signal Violations: State v. Hubble

Date: Apr 1, 2009

Reasonable Suspicion for Traffic Stops Based on Turn Signal Violations: State v. Hubble Introduction State of New Mexico v. Rich Hubble is a pivotal case adjudicated by the Supreme Court of New...

Expansion of Malicious Abuse of Process to Arbitration Proceedings: Durham v. Guest

Date: Feb 21, 2009

Expansion of Malicious Abuse of Process to Arbitration Proceedings: Durham v. Guest Introduction Durham v. Guest (145 N.M. 694, 2009) is a landmark decision by the Supreme Court of New Mexico that...

Muse v. Muse: Establishing Rights to Accountings in Marital Dissolutions

Date: Nov 14, 2008

Muse v. Muse: Establishing Rights to Accountings in Marital Dissolutions Introduction In the protracted and contentious marital dissolution case of Lana Carol Muse v. Jack Leroy Muse, the Court of...

Unenforceability of Class Action Bans for Small Consumer Claims under New Mexico Public Policy

Date: Jun 28, 2008

Unenforceability of Class Action Bans for Small Consumer Claims under New Mexico Public Policy Introduction In the landmark case of Robert Fiser, indi v. Dell Computer Corporation (144 N.M. 464), the...

Exigent Circumstances Exception Upheld for Warrantless Weapon Seizures on School Grounds: STATE v. ROWELL

Date: Jun 27, 2008

Exigent Circumstances Exception Upheld for Warrantless Weapon Seizures on School Grounds: STATE v. ROWELL Introduction State of New Mexico v. Richard Rowell, 144 N.M. 371 (Supreme Court of New...

Implied Covenant of Good Faith Affirmed in Sanders v. FedEx

Date: Jun 26, 2008

Implied Covenant of Good Faith and Fair Dealing Applied to Independent Contractors in Sanders v. FedEx Introduction Sanders v. FedEx Ground Package System, Inc. is a landmark judgment delivered by...

State v. Rudolfo: Clarifying Double Jeopardy and Retiring 'Slight Evidence' in Self-Defense Instructions

Date: Jun 6, 2008

State v. Rudolfo: Clarifying Double Jeopardy and Retiring 'Slight Evidence' in Self-Defense Instructions Introduction State of New Mexico v. Mario Rudolfo, 2008, is a pivotal case adjudicated by the...

Judicial Integrity Reinforced: Supreme Court of New Mexico Removes Judge Griego for Misconduct

Date: Apr 12, 2008

Judicial Integrity Reinforced: Supreme Court of New Mexico Removes Judge Griego for Misconduct Introduction The integrity of the judiciary is paramount to upholding the rule of law and maintaining...

State of New Mexico v. Stanley Grogan: Establishing Judicial Discretion in Granting New Trials for Ineffective Assistance of Counsel

Date: Jun 28, 2007

State of New Mexico v. Stanley Grogan: Establishing Judicial Discretion in Granting New Trials for Ineffective Assistance of Counsel Introduction The landmark case, State of New Mexico v. Stanley...

New Mexico Supreme Court Establishes Double Jeopardy Protections in Felony Murder Cases

Date: Jun 26, 2007

New Mexico Supreme Court Establishes Double Jeopardy Protections in Felony Murder Cases Introduction The Supreme Court of New Mexico, in the landmark case of STATE of New Mexico v. Jarrell Frazier...