The “Perry Rule” – Odor-Based Probable Cause Survives Marijuana Decriminalization in New Mexico Introduction The Supreme Court of New Mexico’s decision in State v. Perry, No. S-1-SC-40187 (July 9,...
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals 1. Introduction Pena v. State (2025-NMSC-___) confronts a long-standing tension in New...
“Necessary Means Necessary” — Incorporating the Civil “Necessary-Party” Standard into Abuse-and-Neglect Proceedings: A Commentary on State ex rel. CYFD v. Calvin T. 1. Introduction In State ex rel....
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne 1. Introduction The Supreme Court of New Mexico,...
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims Introduction Garcia v. Allstate Fire and Casualty Insurance Company, decided by the Supreme Court of New Mexico on...
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights Introduction The decision in State ex rel. Office of...
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial...
Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC 1. Introduction Background. The litigation began with Creig Butler’s...
Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage Introduction Kileen v. Didio, Opinion No. 2 (June 30 2025), marks the latest and most consequential...
State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions Introduction State v. Goldman, No. S-1-SC-40100 (N.M. Sup. Ct. June 30 2025), is a non-precedential...
State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media Introduction State v. Garcia, No. S-1-SC-39925 (N.M. June 26 2025), is a...
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts 1. Introduction State v. Chavez, 2025-NMSC-___, stands at the...
State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest 1. Introduction On 12 June 2025 the Supreme Court of New...
State v. Armendariz (N.M. 2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis 1. Introduction State v. Armendariz,...
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony Introduction State v. Wood, No. S-1-SC-40305 (N.M. June 9, 2025), is a non-precedential opinion of...
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons Introduction In State v. Nolan, No. S-1-SC-40029 (N.M. June...
State v. Perea: Clarifying that a Confidential Informant’s First-Hand Observation Alone May Supply the “Basis-of-Knowledge” Required for Probable Cause—But Is Not a Per Se Rule 1. Introduction Case:...
State v. Prieto: Applying Ware to Uncollected Cell‑Phone Data and Distinguishing Oversight from Gross Negligence Note: The New Mexico Supreme Court expressly designates this decision as...
“Let the Doctors Speak” – State v. Soto and the New Mandate Against Undue Restriction of Expert Medical Testimony in Child-Abuse Homicide Trials 1. Introduction Court & Date: New Mexico Supreme...
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act 1. Introduction The Supreme Court of New Mexico’s decision in Bolen v. New Mexico Racing Commission (2025)...