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: 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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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 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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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 Addresses Double Jeopardy Concerns in Shooting from a Vehicle Law

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I am a little behind on blogging so I’m only now getting around to the two cases the Court published on August 3. In State v. Porter, the New Mexico

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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: Unmarked Cars Are Not Marked and Plainclothes Officers are Not Uniformed

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The New Mexico Supreme Court just released a new opinion interpreting the aggravated fleeing from a law enforcement officer statute. Justice Michael Vigil wrote for the Court. In a fairly

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