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  • Commentaries
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New Mexico Case Commentaries

Constructive Possession of Firearms by Felons: Clarifying Standards and Warrantless Searches in New Mexico – STATE v. GARCIA

Constructive Possession of Firearms by Felons: Clarifying Standards and Warrantless Searches in New Mexico – STATE v. GARCIA

Date: Jun 22, 2005
Constructive Possession of Firearms by Felons: Clarifying Standards and Warrantless Searches in New Mexico – STATE v. GARCIA Introduction STATE of New Mexico v. Reymundo Carlos Garcia, 138 N.M. 1...
Double Jeopardy Protections Upheld in Separate Offense Convictions: Analysis of STATE v. FRANCO

Double Jeopardy Protections Upheld in Separate Offense Convictions: Analysis of STATE v. FRANCO

Date: May 20, 2005
Double Jeopardy Protections Upheld in Separate Offense Convictions: Analysis of STATE v. FRANCO Introduction In STATE of New Mexico v. Gina Franco, 137 N.M. 447 (2005), the Supreme Court of New...
Workers' Compensation Exclusivity in Employer-Employee Relationships: The Headley v. Morgan Management Decision

Workers' Compensation Exclusivity in Employer-Employee Relationships: The Headley v. Morgan Management Decision

Date: Apr 21, 2005
Workers' Compensation Exclusivity in Employer-Employee Relationships: The Headley v. Morgan Management Decision Introduction The case of Mark Headley and Patricia Headley v. Morgan Management...
Emergency Assistance Doctrine in Warrantless Home Entries: State of New Mexico v. Patrick Clark Ryon

Emergency Assistance Doctrine in Warrantless Home Entries: State of New Mexico v. Patrick Clark Ryon

Date: Mar 4, 2005
Emergency Assistance Doctrine in Warrantless Home Entries: State of New Mexico v. Patrick Clark Ryon Introduction State of New Mexico v. Patrick Clark Ryon, 137 N.M. 174 (2005), addresses the...
Balancing Public Access and Commercial Interests: Insights from Crutchfield v. New Mexico Department of Taxation and Revenue

Balancing Public Access and Commercial Interests: Insights from Crutchfield v. New Mexico Department of Taxation and Revenue

Date: Dec 28, 2004
Balancing Public Access and Commercial Interests: Insights from Crutchfield v. New Mexico Department of Taxation and Revenue Introduction The case of Joe Crutchfield, individually, and Crutchfield...
New Mexico Supreme Court Upholds Enhanced Penalties for Repeat DWI Offenders in Smith v. New Mexico

New Mexico Supreme Court Upholds Enhanced Penalties for Repeat DWI Offenders in Smith v. New Mexico

Date: Sep 17, 2004
New Mexico Supreme Court Upholds Enhanced Penalties for Repeat DWI Offenders in Smith v. New Mexico Introduction The case of State of New Mexico v. Kathleen Smith, Roy Gonzales, and Richard Montoya...
Duty of Defense Counsel to Advise Clients on Immigration Consequences of Pleading Guilty: Paredez v. State of New Mexico

Duty of Defense Counsel to Advise Clients on Immigration Consequences of Pleading Guilty: Paredez v. State of New Mexico

Date: Sep 1, 2004
Duty of Defense Counsel to Advise Clients on Immigration Consequences of Pleading Guilty: Paredez v. State of New Mexico Introduction In State of New Mexico v. Ramon Paredez, 136 N.M. 533 (2004), the...
Indefinite Suspension of Spousal Visitation: A Due Process Violation in Cordova v. LeMASTER

Indefinite Suspension of Spousal Visitation: A Due Process Violation in Cordova v. LeMASTER

Date: Jul 14, 2004
Indefinite Suspension of Spousal Visitation: A Due Process Violation in Cordova v. LeMASTER Introduction Cordova v. LeMASTER is a landmark case adjudicated by the Supreme Court of New Mexico in 2004....
New Mexico Supreme Court Clarifies Equitable Tolling and Employer Liability in Employment Discrimination

New Mexico Supreme Court Clarifies Equitable Tolling and Employer Liability in Employment Discrimination

Date: May 21, 2004
New Mexico Supreme Court Clarifies Equitable Tolling and Employer Liability in Employment Discrimination Introduction Levinia Ocana v. American Furniture Company and Thomas Kaminski is a pivotal case...
Clarifying Jury Instruction Requirements: Possession Definitions and Fundamental Error in STATE v. BARBER

Clarifying Jury Instruction Requirements: Possession Definitions and Fundamental Error in STATE v. BARBER

Date: May 20, 2004
Clarifying Jury Instruction Requirements: Possession Definitions and Fundamental Error in STATE v. BARBER Introduction STATE of New Mexico v. Joe Barber, 135 N.M. 621 (2004), is a significant case...
Illusory Arbitration Agreements: Insights from Salazar v. Citadel Communications Corp.

Illusory Arbitration Agreements: Insights from Salazar v. Citadel Communications Corp.

Date: Apr 20, 2004
Illusory Arbitration Agreements: Insights from Salazar v. Citadel Communications Corp. Introduction The Supreme Court of New Mexico, in the landmark case of Kathleen Salazar v. Citadel Communications...
Expansion of Third-Party Rights under New Mexico's Unfair Claims Practices

Expansion of Third-Party Rights under New Mexico's Unfair Claims Practices

Date: Apr 9, 2004
Expansion of Third-Party Rights under New Mexico's Unfair Claims Practices Introduction The case of Jane Hovet and Lesvia Maritza Reynoso v. Allstate Insurance Company addresses a pivotal question in...
Balderama v. State: Establishing Admissibility of Expert Testimony on Neurological Deficits in First-Degree Murder Cases

Balderama v. State: Establishing Admissibility of Expert Testimony on Neurological Deficits in First-Degree Murder Cases

Date: Mar 2, 2004
Balderama v. State: Establishing Admissibility of Expert Testimony on Neurological Deficits in First-Degree Murder Cases Introduction In the landmark case of State of New Mexico v. Valente Balderama,...
District Courts Maintain Jurisdiction to Revoke Probation During Pending Appeals: STATE v. RIVERA

District Courts Maintain Jurisdiction to Revoke Probation During Pending Appeals: STATE v. RIVERA

Date: Dec 3, 2003
District Courts Maintain Jurisdiction to Revoke Probation During Pending Appeals: STATE v. RIVERA Introduction State of New Mexico vs. Ignacio Rivera is a landmark 2003 decision by the Supreme Court...
Protective Frisk During Traffic Stops: New Precedent in State of New Mexico v. Vandenberg and Swanson

Protective Frisk During Traffic Stops: New Precedent in State of New Mexico v. Vandenberg and Swanson

Date: Oct 2, 2003
Protective Frisk During Traffic Stops: New Precedent in State of New Mexico v. Vandenberg and Swanson Introduction The case of State of New Mexico v. Shawn Vandenberg and Jason Swanson, decided by...
Judicial Oversight of Prison Disciplinary Actions: Andrew Miller v. Lawrence Tafoya, Warden

Judicial Oversight of Prison Disciplinary Actions: Andrew Miller v. Lawrence Tafoya, Warden

Date: Aug 29, 2003
Judicial Oversight of Prison Disciplinary Actions: Andrew Miller v. Lawrence Tafoya, Warden Introduction Andrew Miller, the petitioner, appealed to the Supreme Court of New Mexico following the...
Establishing Duty of Care for Vehicle Owners in New Mexico

Establishing Duty of Care for Vehicle Owners in New Mexico

Date: Jul 17, 2003
Establishing Duty of Care for Vehicle Owners in New Mexico Introduction In the landmark case of Kenneth Herrera v. Estate of Octa (134 N.M. 43, 2003), the Supreme Court of New Mexico addressed the...
New Mexico Supreme Court Upholds Governor's Authority to Remove Appointed Lay Members from Judicial Standards Commission

New Mexico Supreme Court Upholds Governor's Authority to Remove Appointed Lay Members from Judicial Standards Commission

Date: Jul 3, 2003
New Mexico Supreme Court Upholds Governor's Authority to Remove Appointed Lay Members from Judicial Standards Commission Introduction The case of STATE of New Mexico, ex rel., NEW MEXICO JUDICIAL...
Mandatory Consecutive Sentencing for Felonies Committed During Incarceration: Insights from STATE v. Davis

Mandatory Consecutive Sentencing for Felonies Committed During Incarceration: Insights from STATE v. Davis

Date: May 29, 2003
Mandatory Consecutive Sentencing for Felonies Committed During Incarceration: Insights from STATE v. Davis Introduction STATE of New Mexico and Tim Lemaster, Warden, Plaintiff-Appellants, v. Robert...
Non-Preemption of State Disclosure Requirements in Life Insurance Installment Premiums

Non-Preemption of State Disclosure Requirements in Life Insurance Installment Premiums

Date: Mar 5, 2003
Non-Preemption of State Disclosure Requirements in Life Insurance Installment Premiums Introduction In the landmark case of Jemil D. Azar, Ronald J. Solimon, and Re/Max Advantage, Ltd. v. Prudential...
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