NMSC: Right to Counsel Cannot Be Jettisoned for the Sake of Judicial Efficiency

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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

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NMSC: Veteran Not Required to Indemnify Ex-Spouse for Waived Military Retirement Pay

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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

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Grisham v Romero

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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

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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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