NMSC Denies Mandamus Requiring In Person Special Session

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Pirtle v. Legislative Council is a fairly long opinion on an extremely narrow issue. This is yet another pandemic case, but not one involving a challenge to the public health

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Grisham v Romero

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I have been putting off blogging about this case for a while now since it was so closely related to Grisham v. Reeb, the first case about the public health

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NMSC: Evidence of Susceptibility to a Mental Condition Not Admissible to Negate Intent

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In State v. Yepez, the New Mexico Supreme Court examined whether a defendant accused of murder could introduce expert testimony that a genetic condition made him incapable of forming the

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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: State Can Enforce Public Health Orders

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The New Mexico Supreme Court last week issued what is probably one of the more important cases of the year, Grisham v. Reeb. This case was brought as a challenge

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NMSC: To Claim Duress, Defendants Must Admit Committing the Crime

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The New Mexico Supreme Court issues its fifth published opinion of the year late last week, State v. Ortiz. In a short opinion, Justice Nakamura reiterates the established rule that

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NMSC: Officer’s Training and Experience Can Be the Difference Between Reasonable Suspicion and a “Hunch”

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The New Mexico Supreme Court filed its first case of 2020 last week: State v. Martinez, a 5-0 opinion written by Justice Nakamura. The opinion sets out to clarify the

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NMSC Applies Notice Pleading Standard to the Medical Malpractice Act

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The New Mexico Supreme Court published an opinion this week applying New Mexico’s liberal notice pleading standard to applications to the Medical Review Commission (“MRC”) under the Medical Malpractice Act.

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New Mexico Supreme Court Reverses Grant of Habeas Petition in Resident Child Molestation Case

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In State v. Lente, filed last week, the New Mexico Supreme Court reversed a district court order granting habeas relief to a defendant convicted of criminal sexual penetration and contact

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NMSC: No Magic Words for Guilty Pleas

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No "magic words" are required to show that a guilty plea is knowingly and voluntarily made.

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