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  • Commentaries
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New Mexico Case Commentaries

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

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

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

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

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

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

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.

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...
State v. Gallegos: Establishing Double Jeopardy Protections for Multiple Conspiracy Convictions

State v. Gallegos: Establishing Double Jeopardy Protections for Multiple Conspiracy Convictions

Date: Jun 16, 2011
State v. Gallegos: Establishing Double Jeopardy Protections for Multiple Conspiracy Convictions Introduction In State of New Mexico v. Lawrence Gallegos, the Supreme Court of New Mexico addressed a...
State of New Mexico v. Oden Gutierrez: Establishing Enhanced Double Jeopardy Protections and Procedural Safeguards

State of New Mexico v. Oden Gutierrez: Establishing Enhanced Double Jeopardy Protections and Procedural Safeguards

Date: May 25, 2011
State of New Mexico v. Oden Gutierrez: Establishing Enhanced Double Jeopardy Protections and Procedural Safeguards Introduction In State of New Mexico v. Oden Gutierrez (258 P.3d 1024, 2011), the...
Revisiting Due Process in Probation Revocation: The STATE v. GUTHRIE Decision

Revisiting Due Process in Probation Revocation: The STATE v. GUTHRIE Decision

Date: Apr 2, 2011
Revisiting Due Process in Probation Revocation: The STATE v. GUTHRIE Decision Introduction The State of New Mexico v. Jaime Guthrie decision, rendered by the Supreme Court of New Mexico on April 1,...
State v. Leyva: Reinforcing New Mexico's Constitutional Standards for Unreasonable Searches and Seizures Amid Federal Bright-Line Rules

State v. Leyva: Reinforcing New Mexico's Constitutional Standards for Unreasonable Searches and Seizures Amid Federal Bright-Line Rules

Date: Feb 18, 2011
State v. Leyva: Reinforcing New Mexico's Constitutional Standards for Unreasonable Searches and Seizures Amid Federal Bright-Line Rules Introduction In State of New Mexico v. Raul Leyva, 250 P.3d 861...
Affirmation of Felony Murder and Tampering with Evidence Convictions in STATE v. GARCIA, With Vacatur of Armed Robbery Conviction

Affirmation of Felony Murder and Tampering with Evidence Convictions in STATE v. GARCIA, With Vacatur of Armed Robbery Conviction

Date: Jan 13, 2011
Affirmation of Felony Murder and Tampering with Evidence Convictions in STATE v. GARCIA, With Vacatur of Armed Robbery Conviction Introduction State of New Mexico v. Jose Pedro Garcia, 246 P.3d 1057...
New Precedent in Juvenile Sentencing: State of New Mexico v. Rudy B.

New Precedent in Juvenile Sentencing: State of New Mexico v. Rudy B.

Date: Oct 20, 2010
New Precedent in Juvenile Sentencing: State of New Mexico v. Rudy B. Introduction In the landmark case of State of New Mexico v. Rudy B., the Supreme Court of New Mexico addressed a pivotal...
Enhancing Transparency in Uninsured/Underinsured Motorist Coverage: Insights from Jordan v. Allstate Insurance Co.

Enhancing Transparency in Uninsured/Underinsured Motorist Coverage: Insights from Jordan v. Allstate Insurance Co.

Date: Oct 19, 2010
Enhancing Transparency in Uninsured/Underinsured Motorist Coverage: Insights from Jordan v. Allstate Insurance Co. Introduction The case of Rosemary Jordan, Scott Jordan, Tracey Jordan, Donald...
State of New Mexico v. Cleo Juan: Coercive Jury Procedures and Sentencing Discretion Revisited

State of New Mexico v. Cleo Juan: Coercive Jury Procedures and Sentencing Discretion Revisited

Date: Aug 10, 2010
State of New Mexico v. Cleo Juan: Coercive Jury Procedures and Sentencing Discretion Revisited Introduction The case of State of New Mexico, Plaintiff-Appellee, v. Cleo Juan, Defendant-Appellant (148...
New Mexico Supreme Court Establishes Enhanced Criteria for Antitrust Price-Fixing Claims

New Mexico Supreme Court Establishes Enhanced Criteria for Antitrust Price-Fixing Claims

Date: Jun 26, 2010
New Mexico Supreme Court Establishes Enhanced Criteria for Antitrust Price-Fixing Claims Introduction In the landmark case of Beatrice C. Romero and Michael Ferree v. Philip Morris Incorporated et...
Enforcing the Six-Month Rule in Dismissal and Refiring of Criminal Charges: State v. Savedra, Lozano, and Yates

Enforcing the Six-Month Rule in Dismissal and Refiring of Criminal Charges: State v. Savedra, Lozano, and Yates

Date: May 13, 2010
Enforcing the Six-Month Rule in Dismissal and Refiring of Criminal Charges: State v. Savedra, Lozano, and Yates Introduction State of New Mexico, Plaintiff-Petitioner, v. Alberto Savedra, Jose...
Affirmation of Discretion to Limit Good Time Credits Under EMDA for Serious Youthful Offenders

Affirmation of Discretion to Limit Good Time Credits Under EMDA for Serious Youthful Offenders

Date: Apr 29, 2010
Affirmation of Discretion to Limit Good Time Credits Under EMDA for Serious Youthful Offenders Introduction The case of State of New Mexico v. Anthony Tafoya addresses the statutory interpretation of...
Kersey v. Hatch: Felony Murder Doctrine and Retroactivity in Double Jeopardy Analysis

Kersey v. Hatch: Felony Murder Doctrine and Retroactivity in Double Jeopardy Analysis

Date: Apr 15, 2010
Kersey v. Hatch: Felony Murder Doctrine and Retroactivity in Double Jeopardy Analysis Introduction Kersey v. Hatch is a pivotal case decided by the Supreme Court of New Mexico on April 14, 2010. The...
Supreme Court of New Mexico Clarifies 'Express Permission' Under the Unfair Practices Act

Supreme Court of New Mexico Clarifies 'Express Permission' Under the Unfair Practices Act

Date: Mar 5, 2010
Supreme Court of New Mexico Clarifies 'Express Permission' Under the Unfair Practices Act Introduction The case of Quynh Truong et al. v. Allstate Insurance Company et al. reached the Supreme Court...
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