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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NMSC Raises Standards for Eyewitness Identification

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The New Mexico Supreme Court has been making up for lost time in November. Today the Court released its third opinion of the month, State v. Martinez. Writing for a

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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 Applies Forfeiture Exception to Affirm Life Sentence

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The New Mexico Supreme Court last week, in a direct criminal appeal, affirmed a life sentence for murder in State v. Farrington. At issue was whether the district court had

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