New Mexico Case Commentaries

Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Date: Mar 21, 2025

Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power Introduction State v. Maestas is a landmark Supreme Court of New Mexico decision issued on March 20, 2025. The...

Defining the Limits of Executive Emergency Authority under the PHERA: A New Precedent on Public Health and Separation of Powers

Date: Mar 11, 2025

Defining the Limits of Executive Emergency Authority under the PHERA: A New Precedent on Public Health and Separation of Powers Introduction The New Mexico Supreme Court recently issued a...

Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification

Date: Feb 28, 2025

Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification Introduction The case of Christopher Sais v. State of New Mexico, and Leon Martinez, Warden represents a...

Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions

Date: Feb 28, 2025

Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions Introduction The case of State of New Mexico v. Damian Jacob Herrera involves serious charges including first-degree felony...

Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025)

Date: Feb 21, 2025

Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025) Introduction In State v. Desiree Lensegrav, the New Mexico...

Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration

Date: Feb 21, 2025

Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration Introduction In Trujillo v....

Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases

Date: Feb 11, 2025

Apodaca v. State: Supreme Court Clarifies Mistake-of-Fact Instruction in Criminal Sexual Penetration Cases Introduction The Supreme Court of New Mexico, in the case of State of New Mexico v. Joseph...

Public Censure as a Disciplinary Measure for Judicial Misconduct: The Johnny Valdez Case

Date: Feb 1, 2025

Public Censure as a Disciplinary Measure for Judicial Misconduct: The Johnny Valdez Case Introduction In the landmark decision rendered on January 27, 2025, the Supreme Court of New Mexico addressed...

Public Schools Recognized as Public Accommodations Under NM Human Rights Act

Date: Jan 24, 2025

Public Schools Recognized as Public Accommodations Under NM Human Rights Act Introduction In the landmark case MCKENZIE JOHNSON v. BOARD OF EDUCATION FOR ALBUQUERQUE PUBLIC SCHOOLS and MARY JANE...

New Mexican Supreme Court Upholds NMPRC’s Transmission Cost Prohibition in Community Solar Bill Credits

Date: Jan 23, 2025

New Mexican Supreme Court Upholds NMPRC’s Transmission Cost Prohibition in Community Solar Bill Credits Introduction In the landmark case of Southwestern Public Service Company v. New Mexico Public...

Affirmation of Regulatory Authority in Renewable Energy PPAs: City of Las Cruces v. NMPublic Regulation Commission

Date: Jan 16, 2025

Affirmation of Regulatory Authority in Renewable Energy PPAs: City of Las Cruces v. NMPublic Regulation Commission Introduction The case of City of Las Cruces v. New Mexico Public Regulation...

Supreme Court of New Mexico Establishes State Preemption Over Local Abortion Ordinances

Date: Jan 15, 2025

Supreme Court of New Mexico Establishes State Preemption Over Local Abortion Ordinances Introduction In a landmark decision delivered on January 9, 2025, the Supreme Court of New Mexico addressed the...

Establishing the 'Material Elements Test' for Relator Awards under New Mexico's Fraud Against Taxpayers Act

Date: Jan 15, 2025

Establishing the 'Material Elements Test' for Relator Awards under New Mexico's Fraud Against Taxpayers Act Introduction The case of Monica Galloway, Shawna Maestas, and Jolene Gonzales versus the...

Preservation and Waiver of Defenses in UPA Actions: New Precedent Set by New Mexico Supreme Court

Date: Dec 23, 2024

Preservation and Waiver of Defenses in UPA Actions: New Precedent Set by New Mexico Supreme Court Introduction In the landmark case BRUCE PUMA and KATHLEEN PUMA v. WAL-MART STORES EAST, LP; APPLICA...

Public Censure of Attorney Andrew Indahl: Establishing New Standards for Attorney Conduct with Unrepresented Parties

Date: Dec 23, 2024

Public Censure of Attorney Andrew Indahl: Establishing New Standards for Attorney Conduct with Unrepresented Parties Introduction The Supreme Court of New Mexico recently issued a disciplinary...

Supreme Court of New Mexico Upholds Expanded Integrated Resource Planning Regulations

Date: Dec 9, 2024

Supreme Court of New Mexico Upholds Expanded Integrated Resource Planning Regulations Introduction In the landmark case of El Paso Electric Company v. New Mexico Public Regulation Commission (NMPRC),...

Liberty Interest in Earned Meritorious Deductions Recognized by New Mexico Supreme Court

Date: Nov 21, 2024

Liberty Interest in Earned Meritorious Deductions Recognized by New Mexico Supreme Court Introduction In the case of State of New Mexico and Dwayne Santistevan, Warden v. Donovan Houidobre, the...

District Courts' Inherent Authority to Sua Sponte Suppress Evidence in Warrantless Searches: New Mexico Precedent

Date: Nov 21, 2024

District Courts' Inherent Authority to Sua Sponte Suppress Evidence in Warrantless Searches: New Mexico Precedent Introduction The case of State of New Mexico v. Jessica Vasquez represents a...

Distinct Conduct and Double Jeopardy: Insights from State of New Mexico v. Phillips

Date: Mar 5, 2024

Distinct Conduct and Double Jeopardy: Insights from State of New Mexico v. Phillips Introduction The case of State of New Mexico v. Clive Dalton Phillips addresses critical issues surrounding the...

Double Jeopardy Protections in Unitary Conduct: State of New Mexico v. Ramon Lorenzo

Date: Jan 17, 2024

Double Jeopardy Protections in Unitary Conduct: State of New Mexico v. Ramon Lorenzo Introduction The case of State of New Mexico v. Ramon Lorenzo (545 P.3d 1156) adjudicated by the Supreme Court of...