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NMSC Defines “Use” of a Deadly Weapon for Assault by Threat Cases

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In State v. Zacharia G., a 12-year-old child was convicted of aggravated assault with a deadly weapon on a school employee, which requires that he “use” the deadly weapon. A

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NMSC Imposes New Disclosure Requirements on Car Insurance

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In Crutcher v. Liberty Mutual Insurance Company, the New Mexico Supreme Court answered a pair of questions certified to it from the Tenth Circuit: is underinsured motorist coverage on a

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NMSC Reiterates Summary Judgment Standard for Defendants

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In an unusual three-Justice opinion, the New Mexico Supreme Court addressed a topic we all know and love: summary judgment. In Ridlington v. Contreras, the Court reiterated a long-standing but

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NMSC: Taillights Are Not Required to Be in Perfect Working Order

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In a relatively short opinion, the New Mexico Supreme Court concludes that the catch-all provision in the motor vehicle code (“MVC”) cannot be used to criminalize a burnt-out bulb in

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NMSC: Gas Stations Liable for Selling Gas to Intoxicated Persons

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In a controversial 3-1 opinion, the New Mexico Supreme Court has held that a gas station can be liable for selling gas to a person who is intoxicated. In Morris

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NMSC: Serious Youthful Offenders Not Entitled to Amenability Hearing

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In State v. Ortiz, Defendant was convicted of three counts of first degree felony murder after he killed a family of three with a pickaxe during a burglary. At the

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NMSC Remands Misdemeanor Case to Metro Court

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In State v. Smith, the New Mexico Supreme Court addressed a somewhat rare appeal of a metropolitan court case. This case is unusual in that it stems from a metro

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NMSC Denies Mandamus Requiring In Person Special Session

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Pirtle v. Legislative Council is a fairly long opinion on an extremely narrow issue. This is yet another pandemic case, but not one involving a challenge to the public health

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NMSC: Businesses Cannot Seek Compensation for Public Health Orders

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State v. Wilson is another in a series of COVID-19 related cases the New Mexico Supreme Court has decided this year. Businesses had filed numerous lawsuits seeking compensation for damages

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NMSC Affirms Lymon Conviction

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In State v. Lymon, a direct appeal of Lymon’s life sentence, the New Mexico Supreme Court affirmed the conviction of Davon Lymon for the 2015 murder of a police officer

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