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  • Commentaries
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New Mexico Case Commentaries

Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15

Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15

Date: Apr 25, 2025
Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15 Introduction The Supreme Court of New Mexico’s decision in BOKF, N.A. v. Pacheco (2025) revisits fundamental due...
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Date: Apr 22, 2025
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act Introduction Ferlic v. Mesilla Valley Regional Dispatch Authority, decided April 21, 2025 by the Supreme Court of...
Extension of Freestanding Actual Innocence Claims to Plea Convictions

Extension of Freestanding Actual Innocence Claims to Plea Convictions

Date: Apr 22, 2025
Extension of Freestanding Actual Innocence Claims to Plea Convictions Introduction This commentary examines the Supreme Court of New Mexico’s decision in State v. Green, No. S-1-SC-39283 (Apr. 21,...
Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson

Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson

Date: Apr 11, 2025
Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson Introduction Shook v. Wilson, decided April 10, 2025 by the Supreme Court of New Mexico, clarifies when a state may...
State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes

State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes

Date: Apr 8, 2025
State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes Introduction In State v. Yazzie (2025), the Supreme Court of New Mexico addressed for the...
Aggravated Assault Excluded as Predicate Felony: Collateral‐Felony Doctrine Reinforced in State v. Revels

Aggravated Assault Excluded as Predicate Felony: Collateral‐Felony Doctrine Reinforced in State v. Revels

Date: Apr 8, 2025
Aggravated Assault Excluded as Predicate Felony for Felony Murder: Collateral-Felony Doctrine Reinforced in State v. Revels Introduction In State v. Revels, 2025-NM-____, __ P.3d __, the Supreme...
Clarifying “Interest in Lands” Under New Mexico Venue Law: Blanchard Corona Ranch v. Garcia Richard

Clarifying “Interest in Lands” Under New Mexico Venue Law: Blanchard Corona Ranch v. Garcia Richard

Date: Apr 8, 2025
Clarifying “Interest in Lands” Under New Mexico Venue Law Blanchard Corona Ranch, LLC v. Garcia Richard (2025) Introduction In Blanchard Corona Ranch, LLC v. Garcia Richard, the New Mexico Supreme...
Establishing Sufficiency Standards for Expert Medical Testimony and Circumstantial Evidence in Intentional Child Abuse Resulting in Death: State v. Soto

Establishing Sufficiency Standards for Expert Medical Testimony and Circumstantial Evidence in Intentional Child Abuse Resulting in Death: State v. Soto

Date: Mar 28, 2025
Establishing Sufficiency Standards for Expert Medical Testimony and Circumstantial Evidence in Intentional Child Abuse Resulting in Death: State v. Soto Introduction State v. Soto, decided by the...
State v. Smith: Continuance Over Mistrial—Managing Jury Deliberations During Public Health Emergencies

State v. Smith: Continuance Over Mistrial—Managing Jury Deliberations During Public Health Emergencies

Date: Mar 28, 2025
State v. Smith: Continuance Over Mistrial—Managing Jury Deliberations During Public Health Emergencies Introduction In State v. Smith (2025‐NM‐SC‐39989), the Supreme Court of New Mexico confronted...
Limits on Rebuttal Character Evidence and Public Trial Access in State v. Cardenas

Limits on Rebuttal Character Evidence and Public Trial Access in State v. Cardenas

Date: Mar 28, 2025
Limits on Rebuttal Character Evidence and Public Trial Access in State v. Cardenas Introduction State v. Cardenas is a 2025 decision of the Supreme Court of New Mexico that clarifies two important...
Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Date: Mar 21, 2025
Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power Introduction State v. Maestas is a landmark Supreme Court of New Mexico decision issued on March 20, 2025. The...
Defining the Limits of Executive Emergency Authority under the PHERA: A New Precedent on Public Health and Separation of Powers

Defining the Limits of Executive Emergency Authority under the PHERA: A New Precedent on Public Health and Separation of Powers

Date: Mar 11, 2025
Defining the Limits of Executive Emergency Authority under the PHERA: A New Precedent on Public Health and Separation of Powers Introduction The New Mexico Supreme Court recently issued a...
Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification

Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification

Date: Feb 28, 2025
Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification Introduction The case of Christopher Sais v. State of New Mexico, and Leon Martinez, Warden represents a...
Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions

Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions

Date: Feb 28, 2025
Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions Introduction The case of State of New Mexico v. Damian Jacob Herrera involves serious charges including first-degree felony...
Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025)

Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025)

Date: Feb 21, 2025
Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025) Introduction In State v. Desiree Lensegrav, the New Mexico...
Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration

Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration

Date: Feb 21, 2025
Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration Introduction In Trujillo v....
Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases

Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases

Date: Feb 11, 2025
Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases Introduction The Supreme Court of New Mexico, in the case of State of New Mexico v. Joseph...
Public Censure as a Disciplinary Measure for Judicial Misconduct: The Johnny Valdez Case

Public Censure as a Disciplinary Measure for Judicial Misconduct: The Johnny Valdez Case

Date: Feb 1, 2025
Public Censure as a Disciplinary Measure for Judicial Misconduct: The Johnny Valdez Case Introduction In the landmark decision rendered on January 27, 2025, the Supreme Court of New Mexico addressed...
Public Schools Recognized as Public Accommodations Under NM Human Rights Act

Public Schools Recognized as Public Accommodations Under NM Human Rights Act

Date: Jan 24, 2025
Public Schools Recognized as Public Accommodations Under NM Human Rights Act Introduction In the landmark case MCKENZIE JOHNSON v. BOARD OF EDUCATION FOR ALBUQUERQUE PUBLIC SCHOOLS and MARY JANE...
New Mexican Supreme Court Upholds NMPRC’s Transmission Cost Prohibition in Community Solar Bill Credits

New Mexican Supreme Court Upholds NMPRC’s Transmission Cost Prohibition in Community Solar Bill Credits

Date: Jan 23, 2025
New Mexican Supreme Court Upholds NMPRC’s Transmission Cost Prohibition in Community Solar Bill Credits Introduction In the landmark case of Southwestern Public Service Company v. New Mexico Public...
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