NMSC: District Court May Vacate Verdict Based on Insufficiency of the Evidence

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In State v. Martinez, the New Mexico Supreme Court held that a district court has the power to vacate a conviction if it concludes that the evidence was insufficient to

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NMSC Defines “Use” of a Deadly Weapon for Assault by Threat Cases

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In State v. Zacharia G., a 12-year-old child was convicted of aggravated assault with a deadly weapon on a school employee, which requires that he “use” the deadly weapon. A

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NMSC: Serious Youthful Offenders Not Entitled to Amenability Hearing

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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

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NMSC Remands Misdemeanor Case to Metro Court

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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

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NMSC Affirms Lymon Conviction

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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

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NMSC: Aggravated Fleeing Statute Does Not Require Actual Endangerment

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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

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NMSC: Legislative Purpose Is Important in Double Jeopardy Analysis

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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

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NMSC: Release Pending Appeal Required When Statutory Conditions Are Met

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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

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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: Criminal Commitment Can Be Enhanced When Aggravating Factors Are Present

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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,

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