Blog

NMSC: Aggravated Fleeing Statute Does Not Require Actual Endangerment

0 Comments

In State v. Vest, the New Mexico Supreme Court once again revisits the aggravated fleeing from a law enforcement officer statute. Not long ago, in State v. Montano, the Court

Read Full

NMSC Suspends Attorney for Claiming not to Own Ferrari

0 Comments

The New Mexico Supreme Court published In re Ferguson today, an attorney discipline case. The facts are longer than the analysis, because the holding is simple: an attorney should not

Read Full

NMSC: Legislative Purpose Is Important in Double Jeopardy Analysis

0 Comments

In State v. Benally, the New Mexico Supreme Court looked at whether a defendant’s two convictions for possession of a weapon by a prisoner violated his double jeopardy rights. While

Read Full

NMSC Explains Its Order Requiring Absentee Ballot Applications to be Mailed to All Voters for June 2020 Primary

0 Comments

On May 6, 2021, the New Mexico Supreme Court issued another COVID-related decision. In State ex rel. Riddle v. Toulouse Oliver, the Court looked at whether the Secretary of State

Read Full

NMSC: Release Pending Appeal Required When Statutory Conditions Are Met

0 Comments

In State v. Taylor, the New Mexico Supreme Court looked at whether defendants were entitled to release pending their appeal. The defendants had been convicted of child abuse after leaving

Read Full

NMSC: Right to Counsel Cannot Be Jettisoned for the Sake of Judicial Efficiency

0 Comments

In State v. Cruz, the New Mexico Supreme Court corrected a number of frankly baffling errors made by a magistrate and district court. The opinion does not appear to create

Read Full

NMSC: Veteran Not Required to Indemnify Ex-Spouse for Waived Military Retirement Pay

0 Comments

When Angela Russ (Spouse) and Jeffery Russ (Veteran) divorced, they agreed to divide Veteran’s military retirement pay as part of the community property. However, about eight years after their divorce, Veteran

Read Full

NMSC: Criminal Commitment Can Be Enhanced When Aggravating Factors Are Present

0 Comments

I’m still running a bit behind on the blogging, so today I’m doing State v. Quintana, a criminal appeal from late March. In a short opinion authored by Justice Bacon,

Read Full

Grisham v Romero

0 Comments

I have been putting off blogging about this case for a while now since it was so closely related to Grisham v. Reeb, the first case about the public health

Read Full

NMSC: Medical Malpractice Cap Not Unconstitutional

0 Comments

Today the New Mexico Supreme Court decided in Siebert v. Okun that the cap on damages in the Medical Malpractice Act (“MMA”) was not unconstitutional. The court of appeals had

Read Full