Blog

NMSC: Independent Medical Examiner Required to Determine Cause of Death in Workers Compensation Claims

0 Comments

Just before the Thanksgiving holiday the New Mexico Supreme Court released an opinion in a worker’s compensation case, Lewis v. Albuquerque Public Schools. I try to blog about these cases

Read Full

NMSC Applies Notice Pleading Standard to the Medical Malpractice Act

0 Comments

The New Mexico Supreme Court published an opinion this week applying New Mexico’s liberal notice pleading standard to applications to the Medical Review Commission (“MRC”) under the Medical Malpractice Act.

Read Full

NMSC: A Business Cannot Sue for Unfair Competition Under the Unfair Practices Act

0 Comments

The Unfair Practices Act is one of the most useful laws in New Mexico for consumers. But it protects consumers, not businesses: businesses cannot sue each other for

Read Full

State v. Sloan: NMSC Affirms Felony Murder Conviction

0 Comments

State v. Sloan is a direct appeal of a felony murder conviction. The defendant and two other people broke into the victim’s house to obtain money or drugs. During the

Read Full

New Mexico Supreme Court Reverses Grant of Habeas Petition in Resident Child Molestation Case

0 Comments

In State v. Lente, filed last week, the New Mexico Supreme Court reversed a district court order granting habeas relief to a defendant convicted of criminal sexual penetration and contact

Read Full

NMSC: No Magic Words for Guilty Pleas

0 Comments

No "magic words" are required to show that a guilty plea is knowingly and voluntarily made.

Read Full

NMSC Affirms Order of New Trial After District Court Has ex parte Contact with Jury

0 Comments

In a direct appeal, the NMSC affirms the district court's decision to order a new trial after having impermissible ex parte contact with the jury.

Read Full

NMSC Disbars Lawyer for Mismanagement of Client Funds

0 Comments

The latest opinion out of the New Mexico Supreme Court, In re Behles, is a reminder of both an attorney's duty to safeguard client money and the diverse jurisdiction of

Read Full

NMCA: Dismissing With Prejudice Without Client Authority Can Be Fixed Under Rule 1-060

0 Comments

The New Mexico Court of Appeals holds that a mistake occurs under Rule 1-060 when an attorney acts without authority and as a result bars the client from litigating the

Read Full

New Mexico Supreme Court Eliminates Spousal Privilege

0 Comments

The New Mexico Supreme Court just became the first state to eliminate one of the more obscure legal doctrines out there: the spousal privilege. Writing for the majority, Justice Nakamura

Read Full