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  • Commentaries
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New Mexico Case Commentaries

Expanding Double Jeopardy Protections: New Mexico Supreme Court Clarifies Prosecutorial Misconduct Standards in State v. Breit

Expanding Double Jeopardy Protections: New Mexico Supreme Court Clarifies Prosecutorial Misconduct Standards in State v. Breit

Date: Dec 7, 1996
Expanding Double Jeopardy Protections: New Mexico Supreme Court Clarifies Prosecutorial Misconduct Standards in State v. Breit Introduction In State v. Breit (1996), the Supreme Court of New Mexico...
Constitutionality of New Mexico's Mental Illness and Competency Code Upheld

Constitutionality of New Mexico's Mental Illness and Competency Code Upheld

Date: Aug 21, 1996
Constitutionality of New Mexico's Mental Illness and Competency Code Upheld Introduction In the landmark case State of New Mexico v. Christopher Rotherham et al. (122 N.M. 246, 1996), the Supreme...
Clarifying the Collateral-Felony Doctrine and Double Jeopardy Protections in Felony Murder: State v. Campos

Clarifying the Collateral-Felony Doctrine and Double Jeopardy Protections in Felony Murder: State v. Campos

Date: Jul 25, 1996
Clarifying the Collateral-Felony Doctrine and Double Jeopardy Protections in Felony Murder: State of New Mexico v. Tony Campos Introduction In the landmark case of State of New Mexico v. Tony Campos...
New Mexico Supreme Court Restricts Standing for Prospective Franchisees under Motor Vehicle Dealers Franchising Act

New Mexico Supreme Court Restricts Standing for Prospective Franchisees under Motor Vehicle Dealers Franchising Act

Date: Jun 1, 1996
New Mexico Supreme Court Restricts Standing for Prospective Franchisees under Motor Vehicle Dealers Franchising Act Introduction In the case of Jack Key and Jack Key Motor Company, Inc. v. Chrysler...
Implied Employment Contracts and Sovereign Immunity: Insights from Garcia v. Middle Rio Grande Conservancy District

Implied Employment Contracts and Sovereign Immunity: Insights from Garcia v. Middle Rio Grande Conservancy District

Date: May 22, 1996
Implied Employment Contracts and Sovereign Immunity: Insights from Garcia v. Middle Rio Grande Conservancy District Introduction The case of Adolfo Garcia v. Middle Rio Grande Conservancy District...
Waiver of Tort Immunity for Law Enforcement Officers Failing Statutory Duties: Yael Weinstein v. City of Santa Fe

Waiver of Tort Immunity for Law Enforcement Officers Failing Statutory Duties: Yael Weinstein v. City of Santa Fe

Date: May 14, 1996
Waiver of Tort Immunity for Law Enforcement Officers Failing Statutory Duties: Yael Weinstein v. City of Santa Fe Introduction The case Yael Weinstein, Cynthia Weinstein, and Meir Weinstein v. City...
Upholding Juvenile Sentencing Discretion: Comprehensive Analysis of Ernesto M., Jr. v. State

Upholding Juvenile Sentencing Discretion: Comprehensive Analysis of Ernesto M., Jr. v. State

Date: Mar 22, 1996
Upholding Juvenile Sentencing Discretion: Comprehensive Analysis of Ernesto M., Jr. v. State Introduction The case of Ernesto M., Jr. v. State (121 N.M. 562) adjudicated by the Court of Appeals of...
STATE v. ROWELL: Defining Computer Access and Limiting Single-Larceny Doctrine in New Mexico

STATE v. ROWELL: Defining Computer Access and Limiting Single-Larceny Doctrine in New Mexico

Date: Dec 7, 1995
STATE v. ROWELL: Defining Computer Access and Limiting Single-Larceny Doctrine in New Mexico Introduction State of New Mexico v. Donald Morris Rowell is a landmark decision by the Supreme Court of...
State v. Woodward: Upholding Hearsay Exceptions and Affirming the Sufficiency of Circumstantial Evidence in First-Degree Murder Conviction

State v. Woodward: Upholding Hearsay Exceptions and Affirming the Sufficiency of Circumstantial Evidence in First-Degree Murder Conviction

Date: Nov 9, 1995
State v. Woodward: Upholding Hearsay Exceptions and Affirming the Sufficiency of Circumstantial Evidence in First-Degree Murder Conviction 1. Introduction State of New Mexico v. David Marshall...
Cognate Approach Affirmed: Aggravated Battery as a Lesser-Included Offense of Attempted Murder

Cognate Approach Affirmed: Aggravated Battery as a Lesser-Included Offense of Attempted Murder

Date: Nov 7, 1995
Cognate Approach Affirmed: Aggravated Battery as a Lesser-Included Offense of Attempted Murder Introduction In the landmark case of STATE of New Mexico v. James T. Meadors, the Supreme Court of New...
Separation of Powers Enforced: Governor Lacks Authority to Unilaterally Enter Tribal Gaming Compacts

Separation of Powers Enforced: Governor Lacks Authority to Unilaterally Enter Tribal Gaming Compacts

Date: Jul 14, 1995
Separation of Powers Enforced: Governor Lacks Authority to Unilaterally Enter Tribal Gaming Compacts Introduction In the landmark case STATE of New Mexico ex rel. Guy Clark, Max Coll, and George...
Marchman v. NCNB Texas National Bank: On Shareholder Standing and Forum Non Conveniens

Marchman v. NCNB Texas National Bank: On Shareholder Standing and Forum Non Conveniens

Date: Jun 6, 1995
Marchman v. NCNB Texas National Bank: On Shareholder Standing and Forum Non Conveniens Introduction In the landmark case of Herb Marchman et al. v. NCNB Texas National Bank, decided by the Supreme...
Federal Preemption Does Not Bar State Tort Claims in Medical Device Litigation: Gonzales v. Surgidev

Federal Preemption Does Not Bar State Tort Claims in Medical Device Litigation: Gonzales v. Surgidev

Date: May 26, 1995
Federal Preemption Does Not Bar State Tort Claims in Medical Device Litigation: Gonzales v. Surgidev Introduction The case of Enrique Gonzales and Berlin Padilla, as Personal Representatives of the...
Establishing the Bad-Faith Exception: Attorney's Fees Against the State in New Mexico

Establishing the Bad-Faith Exception: Attorney's Fees Against the State in New Mexico

Date: May 9, 1995
Establishing the Bad-Faith Exception: Attorney's Fees Against the State in New Mexico Introduction The case of STATE of New Mexico ex rel., NEW MEXICO STATE HIGHWAY AND TRANSPORTATION DEPARTMENT v....
Expansion of Law Enforcement Duty in TORRES v. STATE

Expansion of Law Enforcement Duty in TORRES v. STATE

Date: Mar 24, 1995
Expansion of Law Enforcement Duty in TORRES v. STATE Introduction TORRES v. STATE, 119 N.M. 609, decided by the Supreme Court of New Mexico on March 23, 1995, marks a significant development in the...
Affirming Accomplice Liability and Circumstantial Evidence in First-Degree Murder: State v. Apodaca

Affirming Accomplice Liability and Circumstantial Evidence in First-Degree Murder: State v. Apodaca

Date: Nov 17, 1994
Affirming Accomplice Liability and Circumstantial Evidence in First-Degree Murder: State v. Apodaca Introduction State of New Mexico v. Anne Louise Apodaca, 118 N.M. 762 (1994), presents a...
Entitlement to Good-Time Credits Requires Procedural Adherence: Brooks v. Shanks

Entitlement to Good-Time Credits Requires Procedural Adherence: Brooks v. Shanks

Date: Oct 27, 1994
Entitlement to Good-Time Credits Requires Procedural Adherence: Brooks v. Shanks Introduction Claude Ray Brooks filed a petition for a writ of habeas corpus against John Shanks, Warden of the Central...
Pretrial Evaluation of Aggravating Circumstances in Capital Cases: Insights from STATE v. Ke

Pretrial Evaluation of Aggravating Circumstances in Capital Cases: Insights from STATE v. Ke

Date: Oct 12, 1994
Pretrial Evaluation of Aggravating Circumstances in Capital Cases: Insights from STATE v. Ke Introduction STATE of New Mexico v. Kevin Kean Ogden (118 N.M. 234, 1994) marks a significant development...
Limitations on Judicial Review of Compulsory Arbitration Unconstitutional: Carlsbad Municipal Schools v. Harrell Sets New Standard

Limitations on Judicial Review of Compulsory Arbitration Unconstitutional: Carlsbad Municipal Schools v. Harrell Sets New Standard

Date: Sep 3, 1994
Limitations on Judicial Review of Compulsory Arbitration Unconstitutional: Board of Education of Carlsbad Municipal Schools v. Harrell Sets New Standard Introduction In the landmark case of Board of...
New Legal Standards for Evidence Collection: STATE of New Mexico v. Robert Ware

New Legal Standards for Evidence Collection: STATE of New Mexico v. Robert Ware

Date: Aug 30, 1994
New Legal Standards for Evidence Collection: STATE of New Mexico v. Robert Ware Introduction In the pivotal case of STATE of New Mexico v. Robert Ware (118 N.M. 319, 1994), the Supreme Court of New...
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