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  • Commentaries
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New Mexico Case Commentaries

Porter v. State of New Mexico: Strengthening Double Jeopardy Protections by Emphasizing Substantive Sameness

Porter v. State of New Mexico: Strengthening Double Jeopardy Protections by Emphasizing Substantive Sameness

Date: Aug 4, 2020
Porter v. State of New Mexico: Strengthening Double Jeopardy Protections by Emphasizing Substantive Sameness Introduction In Porter v. State of New Mexico, 476 P.3d 1201 (2020), the Supreme Court of...
Enhancing Fair Trial Protections: Limiting Prosecutorial Misconduct and Clarifying Double Jeopardy in New Mexico

Enhancing Fair Trial Protections: Limiting Prosecutorial Misconduct and Clarifying Double Jeopardy in New Mexico

Date: Jun 26, 2020
Enhancing Fair Trial Protections: Limiting Prosecutorial Misconduct and Clarifying Double Jeopardy in New Mexico Introduction The case of State of New Mexico v. Richard J. Sena (470 P.3d 227)...
Substantive Unconscionability in Arbitration Agreements: Peavy v. Skilled Healthcare Group

Substantive Unconscionability in Arbitration Agreements: Peavy v. Skilled Healthcare Group

Date: Apr 7, 2020
Substantive Unconscionability in Arbitration Agreements: Peavy v. Skilled Healthcare Group Introduction The case of Peavy v. Skilled Healthcare Group, Inc., adjudicated by the Supreme Court of New...
Mandating Fee-Shifting in Workers' Compensation: Insights from Baker v. Endeavor Services

Mandating Fee-Shifting in Workers' Compensation: Insights from Baker v. Endeavor Services

Date: Sep 7, 2018
Mandating Fee-Shifting in Workers' Compensation: Insights from Baker v. Endeavor Services Introduction In the landmark case of Baker v. Endeavor Services, Inc., the Supreme Court of the State of New...
Double Jeopardy Permits Successive Prosecutions in Racketeering Cases: State v. Loza

Double Jeopardy Permits Successive Prosecutions in Racketeering Cases: State v. Loza

Date: Aug 24, 2018
Double Jeopardy Permits Successive Prosecutions in Racketeering Cases: State v. Loza Introduction State of New Mexico v. Matias Loza (426 P.3d 34), adjudicated by the Supreme Court of the State of...
Balancing Speedy Trial Rights: Presumption of Prejudice in Extended Pretrial Incarceration

Balancing Speedy Trial Rights: Presumption of Prejudice in Extended Pretrial Incarceration

Date: Oct 24, 2017
Balancing Speedy Trial Rights: Presumption of Prejudice in Extended Pretrial Incarceration Introduction The case of State of New Mexico v. John Eric Ochoa, reported in 406 P.3d 505, addresses the...
State v. Vargas: Upholding Fourth Amendment Rights by Restricting Criminal Penalties for Refusing Warrantless Blood Tests in DWI Cases

State v. Vargas: Upholding Fourth Amendment Rights by Restricting Criminal Penalties for Refusing Warrantless Blood Tests in DWI Cases

Date: Oct 6, 2017
State v. Vargas: Upholding Fourth Amendment Rights by Restricting Criminal Penalties for Refusing Warrantless Blood Tests in DWI Cases Introduction In the landmark case of State of New Mexico v....
Supreme Court of New Mexico Affirms Inadmissibility of Nolo Contendere Pleas in Civil Fraud Cases

Supreme Court of New Mexico Affirms Inadmissibility of Nolo Contendere Pleas in Civil Fraud Cases

Date: Dec 2, 2016
Supreme Court of New Mexico Affirms Inadmissibility of Nolo Contendere Pleas in Civil Fraud Cases Introduction The case of William E. Kipnis and Marci Kipnis v. Michael Jusbasche and Rebecca...
Fundamental Error in Jury Instructions: Revisiting Consent in Criminal Sexual Penetration and Kidnapping Cases

Fundamental Error in Jury Instructions: Revisiting Consent in Criminal Sexual Penetration and Kidnapping Cases

Date: Aug 9, 2016
Fundamental Error in Jury Instructions: Revisiting Consent in Criminal Sexual Penetration and Kidnapping Cases Introduction The case of State of New Mexico v. Anthony Samora (387 P.3d 230, 2016)...
Defining 'Entry' in Breaking and Entering: New Precedent in State v. Holt

Defining 'Entry' in Breaking and Entering: New Precedent in State v. Holt

Date: Feb 26, 2016
Defining 'Entry' in Breaking and Entering: New Precedent in State v. Holt Introduction State of New Mexico v. Anthony Holt is a pivotal case adjudicated by the Supreme Court of New Mexico on February...
Clarifying the Admissibility of Autopsy Photographs under the Confrontation Clause: State v. Dorall Smith

Clarifying the Admissibility of Autopsy Photographs under the Confrontation Clause: State v. Dorall Smith

Date: Feb 16, 2016
Clarifying the Admissibility of Autopsy Photographs under the Confrontation Clause: State v. Dorall Smith 1. Introduction In the seminal case of State of New Mexico v. Dorall Smith, the Supreme Court...
State of New Mexico v. Mark Serros: Reinforcing the Right to a Speedy Trial Amidst Defense Counsel Delays

State of New Mexico v. Mark Serros: Reinforcing the Right to a Speedy Trial Amidst Defense Counsel Delays

Date: Nov 13, 2015
State of New Mexico v. Mark Serros: Reinforcing the Right to a Speedy Trial Amidst Defense Counsel Delays Introduction The case State of New Mexico v. Mark Serros (366 P.3d 1121) is a landmark...
Mandate for Compliance: Supreme Court of New Mexico Reinforces Mandatory Prevailing Wage Rates in Accordance with Collective Bargaining Agreements

Mandate for Compliance: Supreme Court of New Mexico Reinforces Mandatory Prevailing Wage Rates in Accordance with Collective Bargaining Agreements

Date: Jun 16, 2015
Mandate for Compliance: Supreme Court of New Mexico Reinforces Mandatory Prevailing Wage Rates in Accordance with Collective Bargaining Agreements Introduction The case of New Mexico Building and...
Reckless Child Abuse as a Lesser-Included Offense in Intentional Child Abuse Cases

Reckless Child Abuse as a Lesser-Included Offense in Intentional Child Abuse Cases

Date: Mar 13, 2015
Reckless Child Abuse as a Lesser-Included Offense in Intentional Child Abuse Cases Introduction The Supreme Court of New Mexico, in the case of State of New Mexico v. Nathan Montoya, addressed...
Double Jeopardy Supersedes Wharton's Rule: Insights from STATE of New Mexico v. Donnie Silvas

Double Jeopardy Supersedes Wharton's Rule: Insights from STATE of New Mexico v. Donnie Silvas

Date: Feb 6, 2015
Double Jeopardy Supersedes Wharton's Rule: Insights from STATE of New Mexico v. Donnie Silvas Introduction In the landmark case of STATE of New Mexico v. Donnie Silvas, the Supreme Court of New...
Reversing Convictions Due to Confrontation Clause Violations: The Schwartz Case

Reversing Convictions Due to Confrontation Clause Violations: The Schwartz Case

Date: Jun 18, 2014
Reversing Convictions Due to Confrontation Clause Violations: The Schwartz Case Introduction The case of State of New Mexico v. Bruce Schwartz presents a significant examination of the Confrontation...
Clarifying the Elements of Criminal Sexual Penetration During the Commission of a Felony

Clarifying the Elements of Criminal Sexual Penetration During the Commission of a Felony

Date: Apr 8, 2014
Clarifying the Elements of Criminal Sexual Penetration During the Commission of a Felony Introduction The case of STATE of New Mexico v. Lisa Stevens (323 P.3d 901) adjudicated by the Supreme Court...
Revival of Statute of Limitations and Guarantor Liability in Luz Corona v. Corona

Revival of Statute of Limitations and Guarantor Liability in Luz Corona v. Corona

Date: Apr 4, 2014
Revival of Statute of Limitations and Guarantor Liability in Luz Corona v. Corona Introduction The case of Luz Corona, Plaintiff–Appellee, v. Daniel Corona and Maria Corona, husband and wife, Samuel...
UM/UIM Rejection Forms: Scope of Coverage and Premium Information in New Mexico

UM/UIM Rejection Forms: Scope of Coverage and Premium Information in New Mexico

Date: Mar 8, 2014
UM/UIM Rejection Forms: Scope of Coverage and Premium Information in New Mexico Introduction The case of Lonnie Curry and Mildred Curry v. Great Northwest Insurance Company et al. (320 P.3d 482)...
New Mexico Supreme Court Rules COLA Adjustments Not Constituting Vested Property Rights in Retirement Benefits

New Mexico Supreme Court Rules COLA Adjustments Not Constituting Vested Property Rights in Retirement Benefits

Date: Dec 20, 2013
New Mexico Supreme Court Rules COLA Adjustments Not Constituting Vested Property Rights in Retirement Benefits Introduction In the case of Joanna Bartlett, Lenore Pardee, David Hamilton, and Beth...
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