New Mexico Case Commentaries

Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Date: Jun 3, 2025

Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases Introduction In State v. Johnson, 2025-NMCA-39827, the Supreme Court of New Mexico...

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Date: Jun 3, 2025

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule Introduction State of New Mexico v. Jimmie Atkins (No. S-1-SC-39940, June 2, 2025) presents a...

Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Date: May 20, 2025

Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder Introduction State v. Byram is a direct appeal from a 2021 first-degree murder conviction...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...