New Mexico Case Commentaries

Reversal of Aggravated Kidnapping Conviction Due to Insufficient Evidence: Insights from State v. Valente Rojo

Date: Dec 4, 1998

Reversal of Aggravated Kidnapping Conviction Due to Insufficient Evidence: Insights from State of New Mexico v. Valente Rojo Introduction The case of State of New Mexico v. Valente Rojo (No. 24,319),...

Allsup's v. North River: Establishing the Appealability of Remittitur Orders in New Mexico

Date: Dec 4, 1998

Allsup's v. North River: Establishing the Appealability of Remittitur Orders in New Mexico Introduction The case of Allsup's Convenience Stores, Inc., and Allsup's Enterprises, Inc. v. The North...

Supreme Court of New Mexico Sets Precedent on Zoning Ordinance Interpretation: Clarifying Conditional Use in "Outside Storage or Activity"

Date: Dec 4, 1998

Supreme Court of New Mexico Sets Precedent on Zoning Ordinance Interpretation: Clarifying Conditional Use in "Outside Storage or Activity" Introduction High Ridge Hinkle Joint Venture and Gene Hinkle...

State Minimum Wage Claims Not Preempted for Unionized Workers - Clayton Self v. UPS

Date: Nov 24, 1998

State Minimum Wage Claims Not Preempted for Unionized Workers - Clayton Self and Mark Reid v. United Parcel Service Introduction The case of Clayton Self and Mark Reid, indi v. United Parcel Service,...

Judicial Grant of Use Immunity and Rehabilitative Admissibility of Prior Consistent Statements in Accomplice Testimony: State of New Mexico v. Matt Brown et al.

Date: Nov 6, 1998

Judicial Grant of Use Immunity and Rehabilitative Admissibility of Prior Consistent Statements in Accomplice Testimony: State of New Mexico v. Matt Brown et al. Introduction In the landmark case of...

New Mexico Supreme Court Revises Equal Protection Scrutiny for Tort Claims Act Damages Caps

Date: Sep 9, 1998

New Mexico Supreme Court Revises Equal Protection Scrutiny for Tort Claims Act Damages Caps Introduction In the landmark case of Lawrence TRUJILLO v. CITY OF ALBUQUERQUE, consolidated with Lisa M....

State v. Sarracino: Affirming General Jury Credibility Instructions Over Special Accomplice Cautions

Date: Jul 16, 1998

State v. Sarracino: Affirming General Jury Credibility Instructions Over Special Accomplice Cautions Introduction In State of New Mexico v. Peter Allan Sarracino (125 N.M. 511, 1998), the Supreme...

Judicial Discretion in Sentencing: Martinez v. State of New Mexico

Date: Jul 16, 1998

Judicial Discretion in Sentencing: Martinez v. State of New Mexico Introduction Martinez v. State of New Mexico (1998 NMSC 23) is a pivotal case adjudicated by the Supreme Court of New Mexico that...

PEBA's Supremacy Over Grandfathered Labor Policies: Supreme Court of New Mexico Invalidates UNM's Collective Bargaining Exclusions

Date: Jun 24, 1998

PEBA's Supremacy Over Grandfathered Labor Policies: Supreme Court of New Mexico Invalidates UNM's Collective Bargaining Exclusions Introduction In the landmark case of Regents of the University of...

Reinforcing Separation of Powers: New Mexico Supreme Court Limits Executive Authority in Public Assistance Reform

Date: May 30, 1998

Reinforcing Separation of Powers: New Mexico Supreme Court Limits Executive Authority in Public Assistance Reform Introduction In the landmark case State of New Mexico, ex rel., J. Paul Taylor, et...

Strengthening Double Jeopardy Protections and Clarifying Felony Murder Doctrine: Insights from STATE OF NEW MEXICO v. SHAWN MATTHEW DUFFY

Date: May 21, 1998

Strengthening Double Jeopardy Protections and Clarifying Felony Murder Doctrine: Insights from STATE OF NEW MEXICO v. SHAWN MATTHEW DUFFY Introduction The case of State of New Mexico v. Shawn Matthew...

Federal Preemption Under USFSPA Limits Division of Military Retirement Benefits in New Mexico: Analysis of Hennessy v. Duryea

Date: Feb 19, 1998

Federal Preemption Under USFSPA Limits Division of Military Retirement Benefits in New Mexico: Analysis of Hennessy v. Duryea Introduction The case of Dora D. Hennessy v. George W. Duryea,...

DeVaney v. Thriftway: Establishing Malicious Abuse of Process as a Unified Tort

Date: Dec 23, 1997

DeVaney v. Thriftway: Establishing Malicious Abuse of Process as a Unified Tort Introduction The case DeVaney v. Thriftway Marketing Corporation, adjudicated by the Supreme Court of New Mexico on...

Clarifying the Felony Murder Rule and Double Jeopardy Protections in State v. Mora (1997)

Date: Nov 18, 1997

Clarifying the Felony Murder Rule and Double Jeopardy Protections in State v. Mora (1997) Introduction State of New Mexico v. Christopher Mora, 124 N.M. 346 (1997), is a pivotal case decided by the...

State of New Mexico v. Mario Arthur Baca: Limiting Conspiracy Charges in Depraved-Mind Murder Cases

Date: Nov 14, 1997

State of New Mexico v. Mario Arthur Baca: Limiting Conspiracy Charges in Depraved-Mind Murder Cases Introduction The case of State of New Mexico v. Mario Arthur Baca (124 N.M. 333, 1997) represents a...

Interpretation of Excess Liability Insurance and Bad Faith Allegations in Rummel v. Lexington Insurance Co.

Date: Sep 16, 1997

Interpretation of Excess Liability Insurance and Bad Faith Allegations in Rummel v. Lexington Insurance Co. Introduction The case of Kenneth Rummel v. Lexington Insurance Company represents a pivotal...

Salazar v. State: Redefining Abatement Procedures and Jury Unanimity in First Degree Murder Cases

Date: Sep 4, 1997

Salazar v. State: Redefining Abatement Procedures and Jury Unanimity in First Degree Murder Cases Introduction Salazar v. State, decided by the Supreme Court of New Mexico on September 3, 1997, is a...

Requirement of Exigent Circumstances for Warrantless Vehicle Searches Under New Mexico's Article II, Section 10: State v. Gomez

Date: Jan 8, 1997

Requirement of Exigent Circumstances for Warrantless Vehicle Searches Under New Mexico's Article II, Section 10: State v. Gomez Introduction State of New Mexico v. Alfredo Gomez is a landmark...

Las Cruces Court Affirms Lieutenants as Non-Supervisors for Union Inclusion

Date: Dec 17, 1996

Las Cruces Court Affirms Lieutenants as Non-Supervisors for Union Inclusion Introduction The case of Las Cruces Professional Fire Fighters and International Association of Fire Fighters, Local No....

Partition of Leaseholds Recognized under New Mexico Partition Act in Leo V. Sims v. Aline Sims

Date: Dec 7, 1996

Partition of Leaseholds Recognized under New Mexico Partition Act in Leo V. Sims v. Aline Sims 1. Introduction The case of Leo V. Sims, et al. v. Aline Sims addresses a significant issue in property...

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