New Mexico Case Commentaries

Clarifying the Admissibility of Autopsy Photographs under the Confrontation Clause: State v. Dorall Smith

Date: Feb 16, 2016

Clarifying the Admissibility of Autopsy Photographs under the Confrontation Clause: State v. Dorall Smith 1. Introduction In the seminal case of State of New Mexico v. Dorall Smith, the Supreme Court...

State of New Mexico v. Mark Serros: Reinforcing the Right to a Speedy Trial Amidst Defense Counsel Delays

Date: Nov 13, 2015

State of New Mexico v. Mark Serros: Reinforcing the Right to a Speedy Trial Amidst Defense Counsel Delays Introduction The case State of New Mexico v. Mark Serros (366 P.3d 1121) is a landmark...

Mandate for Compliance: Supreme Court of New Mexico Reinforces Mandatory Prevailing Wage Rates in Accordance with Collective Bargaining Agreements

Date: Jun 16, 2015

Mandate for Compliance: Supreme Court of New Mexico Reinforces Mandatory Prevailing Wage Rates in Accordance with Collective Bargaining Agreements Introduction The case of New Mexico Building and...

Reckless Child Abuse as a Lesser-Included Offense in Intentional Child Abuse Cases

Date: Mar 13, 2015

Reckless Child Abuse as a Lesser-Included Offense in Intentional Child Abuse Cases Introduction The Supreme Court of New Mexico, in the case of State of New Mexico v. Nathan Montoya, addressed...

Double Jeopardy Supersedes Wharton's Rule: Insights from STATE of New Mexico v. Donnie Silvas

Date: Feb 6, 2015

Double Jeopardy Supersedes Wharton's Rule: Insights from STATE of New Mexico v. Donnie Silvas Introduction In the landmark case of STATE of New Mexico v. Donnie Silvas, the Supreme Court of New...

Reversing Convictions Due to Confrontation Clause Violations: The Schwartz Case

Date: Jun 18, 2014

Reversing Convictions Due to Confrontation Clause Violations: The Schwartz Case Introduction The case of State of New Mexico v. Bruce Schwartz presents a significant examination of the Confrontation...

Clarifying the Elements of Criminal Sexual Penetration During the Commission of a Felony

Date: Apr 8, 2014

Clarifying the Elements of Criminal Sexual Penetration During the Commission of a Felony Introduction The case of STATE of New Mexico v. Lisa Stevens (323 P.3d 901) adjudicated by the Supreme Court...

Revival of Statute of Limitations and Guarantor Liability in Luz Corona v. Corona

Date: Apr 4, 2014

Revival of Statute of Limitations and Guarantor Liability in Luz Corona v. Corona Introduction The case of Luz Corona, Plaintiff–Appellee, v. Daniel Corona and Maria Corona, husband and wife, Samuel...

UM/UIM Rejection Forms: Scope of Coverage and Premium Information in New Mexico

Date: Mar 8, 2014

UM/UIM Rejection Forms: Scope of Coverage and Premium Information in New Mexico Introduction The case of Lonnie Curry and Mildred Curry v. Great Northwest Insurance Company et al. (320 P.3d 482)...

New Mexico Supreme Court Rules COLA Adjustments Not Constituting Vested Property Rights in Retirement Benefits

Date: Dec 20, 2013

New Mexico Supreme Court Rules COLA Adjustments Not Constituting Vested Property Rights in Retirement Benefits Introduction In the case of Joanna Bartlett, Lenore Pardee, David Hamilton, and Beth...

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...