NMSC: Taillights Are Not Required to Be in Perfect Working Order

0 Comments

In a relatively short opinion, the New Mexico Supreme Court concludes that the catch-all provision in the motor vehicle code (“MVC”) cannot be used to criminalize a burnt-out bulb in

Read Full

NMSC: Gas Stations Liable for Selling Gas to Intoxicated Persons

0 Comments

In a controversial 3-1 opinion, the New Mexico Supreme Court has held that a gas station can be liable for selling gas to a person who is intoxicated. In Morris

Read Full

NMSC: Serious Youthful Offenders Not Entitled to Amenability Hearing

0 Comments

In State v. Ortiz, Defendant was convicted of three counts of first degree felony murder after he killed a family of three with a pickaxe during a burglary. At the

Read Full

NMSC Remands Misdemeanor Case to Metro Court

0 Comments

In State v. Smith, the New Mexico Supreme Court addressed a somewhat rare appeal of a metropolitan court case. This case is unusual in that it stems from a metro

Read Full

NMSC Denies Mandamus Requiring In Person Special Session

0 Comments

Pirtle v. Legislative Council is a fairly long opinion on an extremely narrow issue. This is yet another pandemic case, but not one involving a challenge to the public health

Read Full

NMSC: Businesses Cannot Seek Compensation for Public Health Orders

0 Comments

State v. Wilson is another in a series of COVID-19 related cases the New Mexico Supreme Court has decided this year. Businesses had filed numerous lawsuits seeking compensation for damages

Read Full

NMSC Affirms Lymon Conviction

0 Comments

In State v. Lymon, a direct appeal of Lymon’s life sentence, the New Mexico Supreme Court affirmed the conviction of Davon Lymon for the 2015 murder of a police officer

Read Full

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