New Mexico Case Commentaries

Butterworth v. Jackson — New Mexico Abolishes the Tort of Alienation of Affections and Bars “Repackaging” as Prima Facie Tort

Date: Jan 28, 2026

Butterworth v. Jackson: New Mexico Abolishes Alienation of Affections (and Rejects Prima Facie Tort as a Substitute) I. Introduction In Butterworth v. Jackson (N.M. Jan. 26, 2026), the Supreme Court...

Enforcing Scheduling Orders by Striking Untimely, Contradictory Expert Affidavits Is Docket Management, Not a Dismissal Sanction

Date: Jan 24, 2026

Enforcing Scheduling Orders by Striking Untimely, Contradictory Expert Affidavits Is Docket Management, Not a Dismissal Sanction I. Introduction In Burns v. Presbyterian Healthcare Servs. (N.M. Jan....

Section 29-1-18 Body-Camera “Bad Faith” Presumption Is Civil-Only; Criminal Sanctions for Unrecorded Interviews Turn on Materiality Under Ware

Date: Jan 24, 2026

Section 29-1-18 Body-Camera “Bad Faith” Presumption Is Civil-Only; Criminal Sanctions for Unrecorded Interviews Turn on Materiality Under Ware I. Introduction In State v. Hubbard (No. S-1-SC-40649,...

Imperfect Self‑Defense as Mitigation Only: State v. Kindred and New Mexico’s Treatment of Rap Lyrics, Social Media, and Voir Dire

Date: Dec 5, 2025

Imperfect Self‑Defense as Mitigation Only: State v. Kindred and New Mexico’s Treatment of Rap Lyrics, Social Media, and Voir Dire Introduction The Supreme Court of New Mexico’s nonprecedential...

Deliberate Intent in Split-Second Killings and Limits on Prosecutorial Misconduct: Commentary on State v. Gallegos (N.M. 2025)

Date: Dec 5, 2025

Deliberate Intent in Split-Second Killings and Limits on Prosecutorial Misconduct: Commentary on State v. Gallegos (N.M. 2025) I. Introduction The Supreme Court of New Mexico’s nonprecedential...

State v. Munford: Police Exploitation as a Prerequisite to Intoxication-Based Involuntariness Claims and the Treatment of Tampering with Evidence Tied to Multiple Felonies

Date: Nov 21, 2025

State v. Munford: Police Exploitation as a Prerequisite to Intoxication-Based Involuntariness Claims and the Treatment of Tampering with Evidence Tied to Multiple Felonies I. Introduction In State v....

Reaffirming Strict Standards for Fundamental and Harmless Error in New Mexico: Commentary on State v. Hayhurst

Date: Nov 21, 2025

Reaffirming Strict Standards for Fundamental and Harmless Error in New Mexico: Commentary on State v. Hayhurst I. Introduction The New Mexico Supreme Court’s unpublished decision in State v....

Reaffirming Strict Limits on Self-Defense and Castle Doctrine in Domestic Homicides: Commentary on State v. Ricoy

Date: Nov 11, 2025

Reaffirming Strict Limits on Self-Defense and Castle Doctrine in Domestic Homicides: Commentary on State v. Ricoy Case: State v. Ezequiel Profeta Ricoy, No. S-1-SC-40471, Supreme Court of New Mexico...

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Date: Nov 5, 2025

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025) Note on...

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great Bodily Harm

Date: Oct 9, 2025

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great...

Reaffirming the NMPRC’s Discretion: Partial Imprudence Disallowances, Recovery of Undepreciated Nuclear Lease Investments, Deferral of Decommissioning Allocations, and Ratepayer Recovery of Board Governance Costs

Date: Sep 27, 2025

Reaffirming the NMPRC’s Discretion: Partial Imprudence Disallowances, Recovery of Undepreciated Nuclear Lease Investments, Deferral of Decommissioning Allocations, and Ratepayer Recovery of Board...

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions

Date: Sep 9, 2025

Almentero: No Fundamental Error from “And/Or” Predicate Felonies or Multi‑Victim Aiding‑and‑Abetting; Second‑Degree Not Required to Supply Causation in Felony‑Murder Instructions Case: State v....

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

Date: Jul 16, 2025

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico 1. Introduction In State v. Padilla, decided on 15 July 2025, the New...

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

Date: Jul 16, 2025

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal 1. Introduction In State v. Jones, the Supreme Court of New Mexico confronted a deceptively simple but...

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025

“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

Date: Jul 15, 2025

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....

From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

Date: Jul 15, 2025

From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico Introduction Aragon v. Martinez, consolidated with...

Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act

Date: Jul 11, 2025

Hanrahan v. State: Distinct Attorney-Fee Caps for Each “Single Accidental Injury” under New Mexico’s Workers’ Compensation Act 1. Introduction Court: Supreme Court of New Mexico Date: 9 July 2025...

The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall

Date: Jul 11, 2025

The “Pena Quorum Principle”: Open-Meetings Act Violations Demand Quorum Action for County-Official Recall 1. Introduction In Pena v. Rio Arriba County Commissioner, No. S-1-SC-40411 (N.M. July 9,...