NMSC Reverses PRC for Lack of Procedural Due Process

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Resolute Wind 1, LLC v. N.M. Public Regulation Commission is another case arising out of the New Mexico Supreme Court’s jurisdiction over appeals from the PRC. Although substantively this case

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NMSC: Arrest Made by Non-commissioned, Volunteer Officer Violated State Constitution

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A New Mexico statute provides that “No person shall be arrested for violating the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor except by

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NMSC Explains When EMTs May Draw Blood for Implied Consent Act

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In State v. Adams, the New Mexico Supreme Court explained when an EMT is authorized to draw blood under the Implied Consent Act. Chief Justice Vigil, writing for a 4-0

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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 Explains Its Order Requiring Absentee Ballot Applications to be Mailed to All Voters for June 2020 Primary

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On May 6, 2021, the New Mexico Supreme Court issued another COVID-related decision. In State ex rel. Riddle v. Toulouse Oliver, the Court looked at whether the Secretary of State

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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 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: 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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NMSC Examines Technical Violations of Probation

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The New Mexico Supreme Court released an opinion earlier this week in State v. Aslin. The opinion clarifies Rule 5-805, which allows districts to set local rules establishing technical violation

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