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: 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: Medical Malpractice Cap Not Unconstitutional

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Today the New Mexico Supreme Court decided in Siebert v. Okun that the cap on damages in the Medical Malpractice Act (“MMA”) was not unconstitutional. The court of appeals had

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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 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 Blanket Exception to IPRA for Ongoing Investigations

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The New Mexico Supreme Court published an interesting opinion today on the Inspection of Public Records Act (“IPRA”). In Jones v. City of Albuquerque Police Department, the Court explained that

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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: Legislature Cannot Extend Terms Beyond What Is Allowed by Constitution

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The New Mexico Supreme Court released two opinions last week: In re Padilla, and State ex rel. Sugg v. Tolouse Oliver. I’ve previously blogged about Padilla. In this post, I

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NMSC Indefinitely Suspends Attorney for Failing to Provide Competent and Diligent Representation

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The New Mexico Supreme Court released an opinion yesterday in In re Padilla, a disciplinary board matter. In New Mexico, attorneys are governed by the Rules of Professional Conduct. Two

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NMSC Disbars Lawyer for Mismanagement of Client Funds

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The latest opinion out of the New Mexico Supreme Court, In re Behles, is a reminder of both an attorney's duty to safeguard client money and the diverse jurisdiction of

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