New Mexico Case Commentaries

New Mexico Supreme Court Establishes Non-Retroactive Application of Sentencing Amendments in State v. Ordunez

Date: Jul 20, 2012

New Mexico Supreme Court Establishes Non-Retroactive Application of Sentencing Amendments in State v. Ordunez 1. Introduction State v. Jose Alfredo Ordunez is a pivotal case adjudicated by the...

STATE v. SWICK: Landmark Ruling on Double Jeopardy for Multiple Offenses from Single Conduct

Date: Jun 2, 2012

STATE v. SWICK: Landmark Ruling on Double Jeopardy for Multiple Offenses from Single Conduct Introduction In the pivotal case of STATE of New Mexico v. Michael Swick, the Supreme Court of New Mexico...

State v. Largo: Defining Non-Testimonial Statements in Emergency Situations under the Confrontation Clause

Date: May 22, 2012

State v. Largo: Defining Non-Testimonial Statements in Emergency Situations under the Confrontation Clause Introduction The case of State of New Mexico v. Harrison Largo (278 P.3d 532) stands as a...

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

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

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

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

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

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.

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

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

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

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

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

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.

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.

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

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

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

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...