New Mexico Case Commentaries

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

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

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...

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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...