New Mexico Case Commentaries

Illusory Arbitration Agreements: Insights from Salazar v. Citadel Communications Corp.

Date: Apr 20, 2004

Illusory Arbitration Agreements: Insights from Salazar v. Citadel Communications Corp. Introduction The Supreme Court of New Mexico, in the landmark case of Kathleen Salazar v. Citadel Communications...

Expansion of Third-Party Rights under New Mexico's Unfair Claims Practices

Date: Apr 9, 2004

Expansion of Third-Party Rights under New Mexico's Unfair Claims Practices Introduction The case of Jane Hovet and Lesvia Maritza Reynoso v. Allstate Insurance Company addresses a pivotal question in...

Balderama v. State: Establishing Admissibility of Expert Testimony on Neurological Deficits in First-Degree Murder Cases

Date: Mar 2, 2004

Balderama v. State: Establishing Admissibility of Expert Testimony on Neurological Deficits in First-Degree Murder Cases Introduction In the landmark case of State of New Mexico v. Valente Balderama,...

District Courts Maintain Jurisdiction to Revoke Probation During Pending Appeals: STATE v. RIVERA

Date: Dec 3, 2003

District Courts Maintain Jurisdiction to Revoke Probation During Pending Appeals: STATE v. RIVERA Introduction State of New Mexico vs. Ignacio Rivera is a landmark 2003 decision by the Supreme Court...

Protective Frisk During Traffic Stops: New Precedent in State of New Mexico v. Vandenberg and Swanson

Date: Oct 2, 2003

Protective Frisk During Traffic Stops: New Precedent in State of New Mexico v. Vandenberg and Swanson Introduction The case of State of New Mexico v. Shawn Vandenberg and Jason Swanson, decided by...

Judicial Oversight of Prison Disciplinary Actions: Andrew Miller v. Lawrence Tafoya, Warden

Date: Aug 29, 2003

Judicial Oversight of Prison Disciplinary Actions: Andrew Miller v. Lawrence Tafoya, Warden Introduction Andrew Miller, the petitioner, appealed to the Supreme Court of New Mexico following the...

Establishing Duty of Care for Vehicle Owners in New Mexico

Date: Jul 17, 2003

Establishing Duty of Care for Vehicle Owners in New Mexico Introduction In the landmark case of Kenneth Herrera v. Estate of Octa (134 N.M. 43, 2003), the Supreme Court of New Mexico addressed the...

New Mexico Supreme Court Upholds Governor's Authority to Remove Appointed Lay Members from Judicial Standards Commission

Date: Jul 3, 2003

New Mexico Supreme Court Upholds Governor's Authority to Remove Appointed Lay Members from Judicial Standards Commission Introduction The case of STATE of New Mexico, ex rel., NEW MEXICO JUDICIAL...

Mandatory Consecutive Sentencing for Felonies Committed During Incarceration: Insights from STATE v. Davis

Date: May 29, 2003

Mandatory Consecutive Sentencing for Felonies Committed During Incarceration: Insights from STATE v. Davis Introduction STATE of New Mexico and Tim Lemaster, Warden, Plaintiff-Appellants, v. Robert...

Non-Preemption of State Disclosure Requirements in Life Insurance Installment Premiums

Date: Mar 5, 2003

Non-Preemption of State Disclosure Requirements in Life Insurance Installment Premiums Introduction In the landmark case of Jemil D. Azar, Ronald J. Solimon, and Re/Max Advantage, Ltd. v. Prudential...

Expansion of Permit Areas for Existing Mining Operations under the New Mexico Mining Act: Insights from Rio Grande Chapter of the Sierra Club v. New Mexico Mining Commission

Date: Jan 8, 2003

Expansion of Permit Areas for Existing Mining Operations under the New Mexico Mining Act: Insights from Rio Grande Chapter of the Sierra Club v. New Mexico Mining Commission Introduction The case of...

Lopez v. LeMaster: Affirming Restoration of Good-Time Credits upon Due Process Violations in Prison Disciplinary Hearings

Date: Dec 20, 2002

Lopez v. LeMaster: Affirming Restoration of Good-Time Credits upon Due Process Violations in Prison Disciplinary Hearings Introduction Lopez v. LeMaster, 133 N.M. 59 (2002), is a landmark decision by...

Clarifying Causation Standards in Felony Murder: New Precedent in State v. Montoya

Date: Dec 17, 2002

Clarifying Causation Standards in Felony Murder: New Precedent in State of New Mexico v. Adam Montoya Introduction The Supreme Court of New Mexico, in the landmark case of State of New Mexico v. Adam...

State v. Roybal: Ineffective Assistance of Counsel in Redacting Prior Murder Conviction

Date: Aug 20, 2002

State v. Roybal: Ineffective Assistance of Counsel in Redacting Prior Murder Conviction Introduction In the landmark case of State of New Mexico v. Greg Roybal (132 N.M. 657), the Supreme Court of...

Enhancing Reliability of Anonymous Tips in Establishing Reasonable Suspicion: Insights from State v. Urioste

Date: Jul 25, 2002

Enhancing Reliability of Anonymous Tips in Establishing Reasonable Suspicion: Insights from State v. Urioste Introduction State of New Mexico v. Rudolfo Urioste is a pivotal case adjudicated by the...

Venue Determination in Environmental Litigation: Cooper v. Chevron and Co.

Date: Jun 5, 2002

Venue Determination in Environmental Litigation: Cooper v. Chevron and Co. Introduction In the landmark case of Cooper v. Chevron U.S.A., Inc., 132 N.M. 382 (2002), the Supreme Court of New Mexico...

Limits of Long-Arm Jurisdiction Over Religious Dioceses in Sexual Abuse Claims

Date: May 24, 2002

Limits of Long-Arm Jurisdiction Over Religious Dioceses in Sexual Abuse Claims Introduction The case of Navor Tercero v. Roman Catholic Diocese of Norwich explores the boundaries of long-arm...

Establishing Mandatory Appellate Jurisdiction for Serious Youthful Offenders Convicted of First-Degree Murder in New Mexico

Date: Mar 20, 2002

Establishing Mandatory Appellate Jurisdiction for Serious Youthful Offenders Convicted of First-Degree Murder in New Mexico Introduction The case of State of New Mexico v. Chris Trujillo (131 N.M....

Defining "Medical Condition" under the New Mexico Human Rights Act: Insights from Trujillo v. NORA

Date: Dec 7, 2001

Defining "Medical Condition" under the New Mexico Human Rights Act: Insights from Trujillo v. NORA Introduction The case Frank Trujillo and Lorraine Trujillo v. Northern Rio Arriba Electric...

Delgado v. Phelps Dodge Chino, Inc.: Rejection of the Actual Intent Test and the Establishment of a New Standard for Employer Liability

Date: Oct 30, 2001

Delgado v. Phelps Dodge Chino, Inc.: Rejection of the Actual Intent Test and the Establishment of a New Standard for Employer Liability Introduction In Delgado v. Phelps Dodge Chino, Inc., the...