New Mexico Case Commentaries

Affirmation of Sexual Orientation Protections in Public Accommodations: Elane Photography v. Willock

Date: Aug 23, 2013

Affirmation of Sexual Orientation Protections in Public Accommodations: Elane Photography v. Willock Introduction In the landmark case of Elane Photography, LLC v. Vanessa Willock, the Supreme Court...

Supreme Court Upholds New Mexico Domestic Well Statute Under Prior Appropriation Doctrine

Date: Jul 26, 2013

Supreme Court Upholds New Mexico Domestic Well Statute Under Prior Appropriation Doctrine Introduction In the landmark case Horace BOUNDS, Jr. v. STATE of New Mexico, the Supreme Court of New Mexico...

New Mexico Supreme Court Clarifies Burden of Proof for Unconscionability in Arbitration Agreements Under FAA

Date: Jun 28, 2013

New Mexico Supreme Court Clarifies Burden of Proof for Unconscionability in Arbitration Agreements Under FAA Introduction In the landmark case of Strausberg v. Laurel Healthcare Providers, LLC,...

Telephonic Approval of Search Warrants Under the New Mexico Constitution

Date: Jun 11, 2013

Telephonic Approval of Search Warrants Under the New Mexico Constitution Introduction The case of State of New Mexico v. Lester Boyse and Carol Boyse addresses a pivotal question regarding the...

No Cumulative Punishment for Unitary Offenses: Overruling STATE v. GONZALES

Date: May 17, 2013

No Cumulative Punishment for Unitary Offenses: Overruling STATE v. GONZALES Introduction The case of STATE of New Mexico v. Benjamin Montoya (306 P.3d 426) represents a pivotal moment in New Mexico's...

Conditional Discharge Not Considered a Conviction: Insights from STATE of New Mexico v. Ryan Harris

Date: Jan 17, 2013

Conditional Discharge Not Considered a Conviction: Insights from STATE of New Mexico v. Ryan Harris Introduction In the landmark case of STATE of New Mexico v. Ryan Harris, 297 P.3d 374 (Court of...

Extending Ineffective Assistance of Counsel Presumption to Untimely Appeals in Probation Revocation Cases: Insights from State of New Mexico v. Mario Leon

Date: Jan 3, 2013

Extending Ineffective Assistance of Counsel Presumption to Untimely Appeals in Probation Revocation Cases: Insights from State of New Mexico v. Mario Leon Introduction In the case of State of New...

Limitations on Habeas Corpus Remedies in the Context of Established Criminal Convictions: Perry v. Moya

Date: Nov 9, 2012

Limitations on Habeas Corpus Remedies in the Context of Established Criminal Convictions: Perry v. Moya Introduction Perry v. Moya, 289 P.3d 1247 (N.M. 2012), is a landmark case decided by the...

Shooting Within a Motor Vehicle Excluded from 'At or From' under NMSA §30-3-8(B): New Precedent

Date: Aug 17, 2012

Shooting Within a Motor Vehicle Excluded from 'At or From' under NMSA §30-3-8(B): New Precedent Introduction The Supreme Court of New Mexico, in the case State of New Mexico v. Julian Tafoya,...

Clarifying the Standard for Tampering with Evidence: State v. Guerra

Date: Aug 10, 2012

Clarifying the Standard for Tampering with Evidence: State of New Mexico v. Luciano P. Guerra Introduction In State of New Mexico v. Luciano P. Guerra, the Supreme Court of New Mexico addressed...

New Mexico Supreme Court Establishes Non-Retroactive Application of Sentencing Amendments in State v. Ordunez

Date: Jul 20, 2012

New Mexico Supreme Court Establishes Non-Retroactive Application of Sentencing Amendments in State v. Ordunez 1. Introduction State v. Jose Alfredo Ordunez is a pivotal case adjudicated by the...

STATE v. SWICK: Landmark Ruling on Double Jeopardy for Multiple Offenses from Single Conduct

Date: Jun 2, 2012

STATE v. SWICK: Landmark Ruling on Double Jeopardy for Multiple Offenses from Single Conduct Introduction In the pivotal case of STATE of New Mexico v. Michael Swick, the Supreme Court of New Mexico...

State v. Largo: Defining Non-Testimonial Statements in Emergency Situations under the Confrontation Clause

Date: May 22, 2012

State v. Largo: Defining Non-Testimonial Statements in Emergency Situations under the Confrontation Clause Introduction The case of State of New Mexico v. Harrison Largo (278 P.3d 532) stands as a...

STATE v. Guerra: Affirming the Denial of Self-Defense and Strict Enforcement of Expert Testimony Protocols in First-Degree Murder

Date: May 11, 2012

STATE v. Guerra: Affirming the Denial of Self-Defense and Strict Enforcement of Expert Testimony Protocols in First-Degree Murder Introduction STATE of New Mexico, Plaintiff–Appellee, v. Graciela...

New Mexico Supreme Court Establishes Standards for Evidence Admissibility and Mens Rea in Assault and Tampering Cases

Date: May 8, 2012

New Mexico Supreme Court Establishes Standards for Evidence Admissibility and Mens Rea in Assault and Tampering Cases Introduction The State of New Mexico v. Angel Arrendondo, 278 P.3d 517 (N.M....

Affirmation of Campaign Finance Limits Under the New Mexico Voter Action Act: Dennis W. Montoya v. Mary Herrera

Date: Apr 13, 2012

Affirmation of Campaign Finance Limits Under the New Mexico Voter Action Act Dennis W. Montoya v. Mary Herrera, Supreme Court of New Mexico, 276 P.3d 952 (2012) Introduction In the landmark case...

Clarification of Harmless Error Standard in Confrontation Clause Violations: STATE v. Tollardo

Date: Mar 30, 2012

Clarification of Harmless Error Standard in Confrontation Clause Violations: STATE v. Tollardo Introduction STATE of New Mexico v. Steve Tollardo, 275 P.3d 110 (N.M. 2012), is a landmark case in the...

Reversing Sanctions: Allen v. LeMASTER and the Protection of Defendant Privileges in Habeas Corpus Proceedings

Date: Dec 6, 2011

Reversing Sanctions: Allen v. LeMASTER and the Protection of Defendant Privileges in Habeas Corpus Proceedings Introduction The Supreme Court of New Mexico delivered a landmark decision in Timothy C....

Exclusion of Witnesses as a Sanction Requires Intentional Non-Compliance and Demonstrable Prejudice: Analysis of State of New Mexico v. Curtis Harper

Date: Nov 23, 2011

Exclusion of Witnesses as a Sanction Requires Intentional Non-Compliance and Demonstrable Prejudice: Analysis of State of New Mexico v. Curtis Harper Introduction State of New Mexico v. Curtis...

Limits on Enforcing Arbitration Clauses with Designated Providers: RIVERA v. AMERICAN GENERAL FINANCIAL Services, Inc.

Date: Jul 28, 2011

Limits on Enforcing Arbitration Clauses with Designated Providers: RIVERA v. AMERICAN GENERAL FINANCIAL Services, Inc. Introduction RIVERA v. AMERICAN GENERAL FINANCIAL Services, Inc. is a landmark...

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