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  • Commentaries
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New Mexico Case Commentaries

Reforming Punitive Damages in Breach of Contract: Insights from Paiz v. State Farm

Reforming Punitive Damages in Breach of Contract: Insights from Paiz v. State Farm

Date: Aug 18, 1994
Reforming Punitive Damages in Breach of Contract: Insights from Paiz v. State Farm Introduction Paiz v. State Farm Fire and Casualty Company is a seminal case decided by the Supreme Court of New...
Supreme Court of New Mexico Limits Tort Remedies in Employment Contract Breaches: Bourgeous v. Horizon Healthcare

Supreme Court of New Mexico Limits Tort Remedies in Employment Contract Breaches: Bourgeous v. Horizon Healthcare

Date: Apr 14, 1994
Supreme Court of New Mexico Limits Tort Remedies in Employment Contract Breaches: Bourgeous v. Horizon Healthcare Introduction The case of Lisa Bourgeous v. Horizon Healthcare Corporation (117 N.M....
Human Rights Act Supremacy over Tort Claims Act in Sovereign Immunity: Insights from Lynn Luboyeski v. Kermit Hill et al.

Human Rights Act Supremacy over Tort Claims Act in Sovereign Immunity: Insights from Lynn Luboyeski v. Kermit Hill et al.

Date: Apr 1, 1994
Human Rights Act Supremacy over Tort Claims Act in Sovereign Immunity: Insights from Lynn Luboyeski v. Kermit Hill et al. Introduction The case of Lynn Luboyeski v. Kermit Hill, Steve Dilg, Eleanor...
New Mexico Supreme Court Reinforces Judicial Responsibility in Statutory Interpretation: Helman v. Gallegos

New Mexico Supreme Court Reinforces Judicial Responsibility in Statutory Interpretation: Helman v. Gallegos

Date: Mar 31, 1994
New Mexico Supreme Court Reinforces Judicial Responsibility in Statutory Interpretation: Helman v. Gallegos Introduction The case of State of New Mexico, ex rel. Leonard A. Helman, et al. v. Carlos...
Exigent Circumstances and the Knock-and-Announce Rule: New Standard of Review in STATE v. ATTAWAY

Exigent Circumstances and the Knock-and-Announce Rule: New Standard of Review in STATE v. ATTAWAY

Date: Feb 3, 1994
Exigent Circumstances and the Knock-and-Announce Rule: New Standard of Review in STATE v. ATTAWAY Introduction State of New Mexico, Plaintiff-Respondent v. Lyonal Ray Attaway, Defendant-Petitioner is...
Supreme Court of New Mexico Revises Authority Over Uniform Jury Instructions in State v. Russell Wilson

Supreme Court of New Mexico Revises Authority Over Uniform Jury Instructions in State v. Russell Wilson

Date: Jan 20, 1994
Supreme Court of New Mexico Revises Authority Over Uniform Jury Instructions in State of New Mexico v. Russell Wilson Introduction State of New Mexico v. Russell Wilson, 116 N.M. 793 (1994), is a...
Limitations on PTSD Expert Testimony in Sexual Abuse Cases: STATE OF NEW MEXICO v. Lucero

Limitations on PTSD Expert Testimony in Sexual Abuse Cases: STATE OF NEW MEXICO v. Lucero

Date: Oct 29, 1993
Limitations on PTSD Expert Testimony in Sexual Abuse Cases: STATE OF NEW MEXICO v. Lucero Introduction State of New Mexico v. Bernie A. Lucero, 116 N.M. 450 (1993), is a pivotal case decided by the...
New Mexico Supreme Court Establishes Exclusionary Rule Without Good-Faith Exception in STATE v. GUTIERREZ

New Mexico Supreme Court Establishes Exclusionary Rule Without Good-Faith Exception in STATE v. GUTIERREZ

Date: Oct 28, 1993
No Good-Faith Exception to the Exclusionary Rule Under the New Mexico Constitution Established in State of New Mexico v. Gutierrez Introduction State of New Mexico v. Gutierrez is a landmark case...
Abandonment of Frye Standard: Admissibility of PTSD Expert Testimony in Sexual Abuse Cases

Abandonment of Frye Standard: Admissibility of PTSD Expert Testimony in Sexual Abuse Cases

Date: Sep 29, 1993
Abandonment of Frye Standard: Admissibility of PTSD Expert Testimony in Sexual Abuse Cases Introduction The Supreme Court of New Mexico addressed pivotal issues concerning the admissibility of expert...
New Mexico Supreme Court Limits Equitable Estoppel and Implied Covenants in Contract Breach and Fraud Cases: Continental Potash v. Freeport-McMoran

New Mexico Supreme Court Limits Equitable Estoppel and Implied Covenants in Contract Breach and Fraud Cases: Continental Potash v. Freeport-McMoran

Date: Aug 11, 1993
New Mexico Supreme Court Limits Equitable Estoppel and Implied Covenants in Contract Breach and Fraud Cases: Continental Potash v. Freeport-McMoran Introduction The case of Continental Potash, Inc.,...
Hartbarger v. Frank Paxton Company: Clarifying the Boundaries of Implied Employment Contracts in At-Will Employment

Hartbarger v. Frank Paxton Company: Clarifying the Boundaries of Implied Employment Contracts in At-Will Employment

Date: Jul 22, 1993
Hartbarger v. Frank Paxton Company: Clarifying the Boundaries of Implied Employment Contracts in At-Will Employment Introduction The case of Bill Hartbarger vs. Frank Paxton Company (115 N.M. 665)...
Reinforcing Arbitration Finality: Limiting Judicial Review of Arbitrator’s Legal Interpretations in Underinsured Motorist Claims

Reinforcing Arbitration Finality: Limiting Judicial Review of Arbitrator’s Legal Interpretations in Underinsured Motorist Claims

Date: Jul 8, 1993
Reinforcing Arbitration Finality: Limiting Judicial Review of Arbitrator’s Legal Interpretations in Underinsured Motorist Claims Introduction In the landmark case of Flora Fernandez and Ruby...
Judicial Override of Public Defender Indigency Determinations Upholding Right to Counsel

Judicial Override of Public Defender Indigency Determinations Upholding Right to Counsel

Date: Jun 24, 1993
Judicial Override of Public Defender Indigency Determinations Upholding Right to Counsel Introduction The case of Quintana v. Schnedar & Carpenter (115 N.M. 573) adjudicated by the Supreme Court of...
Res Judicata and Ineffective Assistance of Counsel in Habeas Corpus Proceedings: An Analysis of Duncan v. Kerby

Res Judicata and Ineffective Assistance of Counsel in Habeas Corpus Proceedings: An Analysis of Duncan v. Kerby

Date: Mar 31, 1993
Res Judicata and Ineffective Assistance of Counsel in Habeas Corpus Proceedings: An Analysis of Duncan v. Kerby Introduction Donald Duncan v. Dareld Kerby, 115 N.M. 344 (Supreme Court of New Mexico,...
Limits on Collateral Estoppel and the Narrow Scope of Retaliatory Discharge Claims: Insights from Shovelin v. Central New Mexico Electric Cooperative

Limits on Collateral Estoppel and the Narrow Scope of Retaliatory Discharge Claims: Insights from Shovelin v. Central New Mexico Electric Cooperative

Date: Mar 6, 1993
Limits on Collateral Estoppel and the Narrow Scope of Retaliatory Discharge Claims: Insights from Shovelin v. Central New Mexico Electric Cooperative Introduction Shovelin v. Central New Mexico...
Establishing a Criminal Negligence Standard for Child Abuse Under NMSA 1978 § 30-6-1(C)

Establishing a Criminal Negligence Standard for Child Abuse Under NMSA 1978 § 30-6-1(C)

Date: Mar 2, 1993
Establishing a Criminal Negligence Standard for Child Abuse Under NMSA 1978 § 30-6-1(C) Introduction In the landmark case of VINCENT SANTILLANES, PETITIONER v. STATE OF NEW MEXICO, RESPONDENT, 115...
Affirmation of Felony Murder Conviction Upholding Standards for Effective Counsel and Jury Instructions

Affirmation of Felony Murder Conviction Upholding Standards for Effective Counsel and Jury Instructions

Date: Jan 15, 1993
Affirmation of Felony Murder Conviction Upholding Standards for Effective Counsel and Jury Instructions Introduction In the case of State of New Mexico v. Ralph Hernandez (115 N.M. 6, 1993), the...
Contextual Approach to Contract Ambiguity: Mark V, Inc. v. Mellekas Sets New Precedent in New Mexico

Contextual Approach to Contract Ambiguity: Mark V, Inc. v. Mellekas Sets New Precedent in New Mexico

Date: Jan 6, 1993
Contextual Approach to Contract Ambiguity: Mark V, Inc. v. Mellekas Sets New Precedent in New Mexico Introduction The case of Mark V, Inc., a New Mexico Corporation, Plaintiff-Appellant v. Cynthia...
Reevaluation of Intent in Murder Convictions: STATE OF NEW MEXICO v. DAVID L. GARCIA

Reevaluation of Intent in Murder Convictions: STATE OF NEW MEXICO v. DAVID L. GARCIA

Date: Aug 11, 1992
Reevaluation of Intent in Murder Convictions: STATE OF NEW MEXICO v. DAVID L. GARCIA Introduction The case of State of New Mexico v. David L. Garcia (114 N.M. 269) adjudicated by the Supreme Court of...
State of New Mexico v. Pedro Gonzales, Sr.: Separating Offenses to Avoid Double Jeopardy Violations

State of New Mexico v. Pedro Gonzales, Sr.: Separating Offenses to Avoid Double Jeopardy Violations

Date: Feb 7, 1992
State of New Mexico v. Pedro Gonzales, Sr.: Separating Offenses to Avoid Double Jeopardy Violations Introduction In the landmark case of State of New Mexico v. Pedro Gonzales, Sr., 113 N.M. 221...
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