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

NMSC Reverses Denial of Lost Rents in Inverse Condemnation Case

0 Comments

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

Read Full

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

0 Comments

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

Read Full

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

0 Comments

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

Read Full

NMSC Affirms Sanctions Against Department of Taxation and Revenue

0 Comments

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

Read Full