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  • Commentaries
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New Mexico Case Commentaries

Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Date: May 20, 2025
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram Introduction The Supreme Court of New Mexico’s decision in State v. Byram, filed May 19, 2025 (No. S-1-SC-40149),...
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh

Date: May 16, 2025
Privilege for U-Visa and T-Visa Applications in Criminal Discovery: Ramirez v. Marsh Introduction Ramirez v. Marsh (2025) is a landmark New Mexico Supreme Court decision consolidating two original...
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

Date: May 13, 2025
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence Introduction In State v. Morgan, decided May 12, 2025 by the Supreme Court of New Mexico, the...
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Date: May 9, 2025
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act Introduction Lerma v. State, decided May 8, 2025 by the Supreme Court of New Mexico, resolved a deep...
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Date: May 6, 2025
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk Introduction Stewart v. Ramczyk, decided May 5, 2025 by the Supreme Court of New Mexico, is the first New Mexico...
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Date: May 2, 2025
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing Introduction Lopez v. Presbyterian Healthcare Services, decided May 1, 2025 by the Supreme Court of New Mexico,...
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Date: Apr 29, 2025
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia Introduction State v. Garcia (2025-NM-SC-40221 consolidated with...
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...
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