NMSC: Release Pending Appeal Required When Statutory Conditions Are Met

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In State v. Taylor, the New Mexico Supreme Court looked at whether defendants were entitled to release pending their appeal. The defendants had been convicted of child abuse after leaving

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NMSC: Veteran Not Required to Indemnify Ex-Spouse for Waived Military Retirement Pay

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When Angela Russ (Spouse) and Jeffery Russ (Veteran) divorced, they agreed to divide Veteran’s military retirement pay as part of the community property. However, about eight years after their divorce, Veteran

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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: 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 Reverses Denial of Lost Rents in Inverse Condemnation Case

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In City of Albuquerque v. SMP Properties, LLC, the New Mexico Supreme Court reversed a district court decision that the City of Albuquerque was not liable for lost rents when

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NMSC: It Is Still Criminal Sexual Penetration Even If the Victim Is Dead

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This is a headline I never expected to write when I decided to blog about New Mexico Supreme Court cases. Last week, in State v. Martinez, the Court concluded that

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NMSC Affirms Sanctions Against Department of Taxation and Revenue

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In Board of County Commissioners of Harding County v. New Mexico Taxation and Revenue Department, the New Mexico Supreme Court affirmed a sanctions award against the Department. Although the case

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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 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: Habitual Offender Act Applies to Domestic Battery

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The New Mexico Supreme Court decided State v. Barela this week. Affirming the court of appeals, the Court held that felony battery against a household member can serve as an

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