Blog – Ferrance Law, P.C.

NMSC Rescinds Abolishment of Spousal Privilege

November 13, 2020 dave 0 Comments

Several months ago, I wrote about State v. Gutierrez, in which New Mexico became the first state to abolish the spousal privilege. Last week, the Court issued a short order

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NMSC: State Is Immune from Quiet Title Lawsuits

October 28, 2020 dave 0 Comments

In Nash v. Board of Commissioners of Catron County, the New Mexico Supreme Court examined whether the government enjoys sovereign immunity from suits to quiet title. Justice Thomson, writing for

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NMSC Applies Forfeiture Exception to Affirm Life Sentence

October 26, 2020 dave 0 Comments

The New Mexico Supreme Court last week, in a direct criminal appeal, affirmed a life sentence for murder in State v. Farrington. At issue was whether the district court had

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NMSC Upholds Search Warrant for Cell Phone Records

August 31, 2020 dave 0 Comments

This case, State v. Price, is the second cell phone search warrant case from the New Mexico Supreme Court in the last couple of weeks. In this case, the Court

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NMSC Addresses Double Jeopardy Concerns in Shooting from a Vehicle Law

August 17, 2020 dave 0 Comments

I am a little behind on blogging so I’m only now getting around to the two cases the Court published on August 3. In State v. Porter, the New Mexico

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NMSC: PRC May Not Compel Public Utility to File an Abandonment Proceeding

August 13, 2020 dave 0 Comments

Last week the New Mexico Supreme Court issued an opinion in State ex rel. Egolf v. New Mexico Public Regulation Commission. Although this is a case about the PRC, it

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NMSC: Warrant to Search Cell Phone Is Executed When Phone Is Seized

July 28, 2020 dave 0 Comments

The New Mexico Supreme Court issued an opinion earlier this week in State v. Sanchez, a direct appeal of two evidentiary issues in a first degree murder cases. The state

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NMSC Rejects Secretary of State’s Decision to Put Form over Substance

July 27, 2020 dave 0 Comments

I’m a little late in blogging about this New Mexico Supreme Court opinion in Morper v. Toulouse Oliver from a few weeks ago but to be honest was not sure

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NMSC: No Blanket Exception to IPRA for Ongoing Investigations

July 14, 2020 dave 0 Comments

The New Mexico Supreme Court published an interesting opinion today on the Inspection of Public Records Act (“IPRA”). In Jones v. City of Albuquerque Police Department, the Court explained that

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NMSC: No Reasonable Expectation of Privacy in Bank Records

June 22, 2020 dave 0 Comments

The New Mexico Supreme Court issued an opinion today on the interesting question of whether the New Mexico Constitution protects banking records from being subpoenaed by the state. In an

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