NMSC: Habitual Offender Act Applies to Domestic Battery

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The New Mexico Supreme Court decided State v. Barela this week. Affirming the court of appeals, the Court held that felony battery against a household member can serve as an

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NMSC: State Can Enforce Public Health Orders

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The New Mexico Supreme Court last week issued what is probably one of the more important cases of the year, Grisham v. Reeb. This case was brought as a challenge

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NMSC Rescinds Abolishment of Spousal Privilege

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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

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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 Upholds Search Warrant for Cell Phone Records

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

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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

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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: No Reasonable Expectation of Privacy in Bank Records

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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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NMSC: To Claim Duress, Defendants Must Admit Committing the Crime

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The New Mexico Supreme Court issues its fifth published opinion of the year late last week, State v. Ortiz. In a short opinion, Justice Nakamura reiterates the established rule that

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NMSC Clarifies Framework for Substantive Unconscionability

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Earlier this week the New Mexico Supreme Court published its fourth precedential opinion this year, Peavy v. Skilled Healthcare Group, Inc. Justice Bacon, writing for a unanimous Court, clarified the

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