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NMSC Reverses Denial of Lost Rents in Inverse Condemnation Case

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In City of Albuquerque v. SMP Properties, LLC, the New Mexico Supreme Court reversed a district court decision that the City of Albuquerque was not liable for lost rents when

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NMSC: Evidence of Susceptibility to a Mental Condition Not Admissible to Negate Intent

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In State v. Yepez, the New Mexico Supreme Court examined whether a defendant accused of murder could introduce expert testimony that a genetic condition made him incapable of forming the

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NMSC: It Is Still Criminal Sexual Penetration Even If the Victim Is Dead

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This is a headline I never expected to write when I decided to blog about New Mexico Supreme Court cases. Last week, in State v. Martinez, the Court concluded that

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NMSC Affirms Sanctions Against Department of Taxation and Revenue

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In Board of County Commissioners of Harding County v. New Mexico Taxation and Revenue Department, the New Mexico Supreme Court affirmed a sanctions award against the Department. Although the case

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NMSC Issues Rare Reversal for Lack of Sufficient Evidence

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The New Mexico Supreme Court published its first opinion of the new year last week. In State v. Garcia, the Court reviewed the conviction of a man for child abuse

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NMSC: Warrant Threat Renders Consent Involuntary

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State v. Lovato is an interesting little opinion about whether and when a threat to obtain a warrant can render consent to a search involuntary. Justice Nakamura. Defendant owned property

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NMSC: Fleeing Police Can Be Predicate for Felony Murder

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In State v. Groves, the Court examined whether aggravated fleeing a law enforcement officer–a fourth degree felony–can serve as the predicate for a felony murder charge. Writing for a unanimous

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NMSC Raises Standards for Eyewitness Identification

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The New Mexico Supreme Court has been making up for lost time in November. Today the Court released its third opinion of the month, State v. Martinez. Writing for a

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NMSC: Habitual Offender Act Applies to Domestic Battery

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The New Mexico Supreme Court decided State v. Barela this week. Affirming the court of appeals, the Court held that felony battery against a household member can serve as an

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NMSC: State Can Enforce Public Health Orders

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The New Mexico Supreme Court last week issued what is probably one of the more important cases of the year, Grisham v. Reeb. This case was brought as a challenge

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