Montejo v. New Mexico Supreme Court: Affirmation of Sixth Amendment Waiver Standards Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For...
Retroactive Application of Substantive Rules: Impact of State v. Marquez on Felony Murder Convictions Introduction In the landmark case Mario Rudolfo v. Robert Steward, Warden, LCCC, Vincent Horton,...
Inherent Authority of District Courts to Review Sufficiency of Evidence Postverdict Introduction The case of State of New Mexico v. Julian A. Martinez serves as a pivotal judgment in New Mexico's...
New Mexico Supreme Court Establishes 'Facilitative Use' Standard for Deadly Weapons in Assault Cases Introduction In the landmark case of State of New Mexico v. Zachariah G., the Supreme Court of New...
State Supreme Court Upholds Legislative Council's Authority to Restrict In-Person Access to Sessions Amid Pandemic Introduction In the landmark case of SEN. CLIFF PIRTLE et al. v. LEGISLATIVE COUNCIL...
Risk-Based Endangerment Suffices for Aggravated Fleeing Convictions under NMSA § 30-22-1.1 Introduction In the landmark case of State of New Mexico v. Sean Vest, decided on May 27, 2021, the Supreme...
Clarifying the Unit of Prosecution in Double Jeopardy Cases: State v. Benally Introduction State of New Mexico v. Milo Benally, 493 P.3d 366 (N.M. 2021), addresses a pivotal issue in criminal law...
State v. Cruz: Protecting the Right to Counsel at Critical Stages Introduction The State of New Mexico v. Antonio Cruz case (486 P.3d 1) adjudicated by the Supreme Court of the State of New Mexico on...
Affirming Executive Authority in Public Health Emergencies: Grisham v. Romero Introduction The case of Michelle LuJuan Grisham, Governor of New Mexico; Kathyleen Kunkel, Secretary of the New Mexico...
New Mexico Supreme Court Establishes Per Se Exclusionary Rule for Unnecessarily Suggestive Eyewitness Identifications Introduction In the landmark case State of New Mexico v. Ricardo Martinez, the...
Porter v. State of New Mexico: Strengthening Double Jeopardy Protections by Emphasizing Substantive Sameness Introduction In Porter v. State of New Mexico, 476 P.3d 1201 (2020), the Supreme Court of...
Enhancing Fair Trial Protections: Limiting Prosecutorial Misconduct and Clarifying Double Jeopardy in New Mexico Introduction The case of State of New Mexico v. Richard J. Sena (470 P.3d 227)...
Substantive Unconscionability in Arbitration Agreements: Peavy v. Skilled Healthcare Group Introduction The case of Peavy v. Skilled Healthcare Group, Inc., adjudicated by the Supreme Court of New...
Mandating Fee-Shifting in Workers' Compensation: Insights from Baker v. Endeavor Services Introduction In the landmark case of Baker v. Endeavor Services, Inc., the Supreme Court of the State of New...
Double Jeopardy Permits Successive Prosecutions in Racketeering Cases: State v. Loza Introduction State of New Mexico v. Matias Loza (426 P.3d 34), adjudicated by the Supreme Court of the State of...
Balancing Speedy Trial Rights: Presumption of Prejudice in Extended Pretrial Incarceration Introduction The case of State of New Mexico v. John Eric Ochoa, reported in 406 P.3d 505, addresses the...
State v. Vargas: Upholding Fourth Amendment Rights by Restricting Criminal Penalties for Refusing Warrantless Blood Tests in DWI Cases Introduction In the landmark case of State of New Mexico v....
Supreme Court of New Mexico Affirms Inadmissibility of Nolo Contendere Pleas in Civil Fraud Cases Introduction The case of William E. Kipnis and Marci Kipnis v. Michael Jusbasche and Rebecca...
Fundamental Error in Jury Instructions: Revisiting Consent in Criminal Sexual Penetration and Kidnapping Cases Introduction The case of State of New Mexico v. Anthony Samora (387 P.3d 230, 2016)...
Defining 'Entry' in Breaking and Entering: New Precedent in State v. Holt Introduction State of New Mexico v. Anthony Holt is a pivotal case adjudicated by the Supreme Court of New Mexico on February...