New Mexico Case Commentaries

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

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

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...

Substantial Compliance Doctrine in Contractor Licensing: Insights from Roth v. Thompson

Date: Jan 24, 1992

Substantial Compliance Doctrine in Contractor Licensing: Insights from Roth v. Thompson Introduction James William Roth, operating as Bill Roth Plastering, appealed a decision from the District Court...

Establishing the Finality of Judgments with Reserved Attorney's Fees in New Mexico Jurisprudence

Date: Jan 8, 1992

Establishing the Finality of Judgments with Reserved Attorney's Fees in New Mexico Jurisprudence Introduction In the landmark case of Kelly Inn No. 102, Inc. v. Kapnison, the Supreme Court of New...

Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: New Precedents from STATE v. OROSCO

Date: Jan 8, 1992

Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: New Precedents from STATE v. OROSCO Introduction State of New Mexico v. Edmundo Orosco is a landmark decision by the...

New Mexico Supreme Court Upholds Mens Rea Requirement in Felony-Murder Rule

Date: Oct 10, 1991

New Mexico Supreme Court Upholds Mens Rea Requirement in Felony-Murder Rule Introduction In STATE of New Mexico v. Richard Michael Ortega, Defendant-Appellant (112 N.M. 554, 1991), the New Mexico...

Supreme Court of New Mexico Overrules Lynch: Illegal Search Does Not Justify Voluntary Manslaughter

Date: Sep 26, 1991

Supreme Court of New Mexico Overrules Lynch: Illegal Search Does Not Justify Voluntary Manslaughter Introduction In State of New Mexico v. Merrill Chamberlain, the Supreme Court of New Mexico...

C.R. Anthony Company v. Loretto Mall Partners: Establishing the Right to Reformation in Commercial Leasing Agreements

Date: Aug 10, 1991

C.R. Anthony Company v. Loretto Mall Partners: Establishing the Right to Reformation in Commercial Leasing Agreements Introduction The case of C.R. Anthony Company v. Loretto Mall Partners (112 N.M....

Rescue Doctrine in Comparative Negligence: Establishing New Precedent in New Mexico

Date: Jul 23, 1991

Rescue Doctrine in Comparative Negligence: Establishing New Precedent in New Mexico Introduction This commentary examines the Supreme Court of New Mexico's 1991 decision in Roane Govich and Daniel...

Reinforcing the "Knowing" Requirement in Unfair Trade Practices: Insights from Stevenson v. Dreyfus Corporation

Date: May 21, 1991

Reinforcing the "Knowing" Requirement in Unfair Trade Practices: Insights from Stevenson v. Dreyfus Corporation Introduction Stevenson v. Dreyfus Corporation, 112 N.M. 97 (1991), adjudicated by the...

Two-Part Test for Legislative Intent in Multiple Punishment Cases: Swafford v. State of New Mexico (1991)

Date: May 2, 1991

Two-Part Test for Legislative Intent in Multiple Punishment Cases: Swafford v. State of New Mexico (1991) Introduction Ron Swafford v. State of New Mexico is a pivotal case decided by the Supreme...

Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: State v. Osborne

Date: Apr 17, 1991

Unlawfulness as an Essential Element in Criminal Sexual Contact of a Minor: State v. Osborne Introduction State of New Mexico v. Donald Wayne Osborne, 111 N.M. 654 (1991), is a landmark case...

Expanding Landowner Liability Beyond Property Boundaries: Insights from Bober v. New Mexico State Fair

Date: Mar 29, 1991

Expanding Landowner Liability Beyond Property Boundaries: Insights from Bober v. New Mexico State Fair Introduction The case of Ingrid Bober v. New Mexico State Fair (111 N.M. 644, 1991) serves as a...

Multiplicity and Double Jeopardy in Criminal Sexual Penetration: Herron v. State of New Mexico

Date: Mar 7, 1991

Multiplicity and Double Jeopardy in Criminal Sexual Penetration: Herron v. State of New Mexico Introduction James Herron v. State of New Mexico, 111 N.M. 357 (1991), adjudicated by the Supreme Court...

Establishing Parameters for Quasi-Judicial Immunity of Guardians ad Litem: The Curtis Collins v. Tabet Decision

Date: Feb 26, 1991

Establishing Parameters for Quasi-Judicial Immunity of Guardians ad Litem: The Curtis Collins v. Tabet Decision Introduction The case of Curtis COLLINS and Annie Collins, on Behalf of their son,...

Contractual Obligations and Scope of Relief in Intervention: An Analysis of Farmers, Inc. v. Dal Machine and Fabricating, Inc.

Date: Nov 20, 1990

Contractual Obligations and Scope of Relief in Intervention: An Analysis of Farmers, Inc. v. Dal Machine and Fabricating, Inc. Introduction The case of Farmers, Inc., a New Mexico corporation,...

New Mexico Supreme Court Establishes 'Single Occurrence' Liability Cap and Clarifies Wrongful Death Damages under Tort Claims Act

Date: Aug 9, 1990

New Mexico Supreme Court Establishes 'Single Occurrence' Liability Cap and Clarifies Wrongful Death Damages under Tort Claims Act Introduction The case of Dorothy M. Folz v. State of New Mexico...

Enhancement of Consumer Protection: Hale v. Basin Motor Company

Date: Jul 31, 1990

Enhancement of Consumer Protection: Hale v. Basin Motor Company Introduction The case of Gregory L. Hale and Donna M. Hale v. Basin Motor Company, decided by the Supreme Court of New Mexico on July...

Court Holds Landlords Liable for Unsafe Common Areas: Fred M. Calkins, Jr. v. Cox Estates

Date: May 3, 1990

Court Holds Landlords Liable for Unsafe Common Areas: Fred M. Calkins, Jr. v. Cox Estates Introduction In the landmark case, Fred M. Calkins, Jr., Personal Representative of the Estate of Daniel...