Category Archives: New Mexico Court of Appeals

NMCA issues another opinion on UM/UIM insurance

New Mexico’s appellate courts have issued a long line of decisions dealing with uninsured and underinsured motorist in insurance. In fact, last year I made my own contribution to the genre. This week the Court of Appeals issued another UM/UIM … Continue reading

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Judge Zachary Ives’ campaign website is now up

You can find it here. I have not yet heard whether Judge Ives will face any opposition in the Democratic primary, or any opposition in next year’s general election. But I’ll let you know when I know.

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NMCA: Juvenile “used” BB gun in assault despite not brandishing or referring to it

This case presents an interesting issue of textual interpretation — what does it mean to “use” a weapon? I would not be surprised to see our Supreme Court take up this case: Suspecting that 12-year old Zachariah G. had some … Continue reading

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NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error

The defendant was charged with escape from jail, but the jury was instructed on the separate offense of escape from an inmate-release program. No objection was made. In State v. Grubb (opinion by Chief Judge Monica Zamora), the Court of … Continue reading

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The New Mexico Court of Appeals has changed the way it assigns panels and authorships

In an effort to overcome the present backlog of cases, the Court of Appeals has changed the way it is assigning cases to panels, at least for awhile. In the past, the clerk’s office would assign each judge nine cases … Continue reading

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NMCA: Albuquerque police are immune from claims that they botched an investigation of the death of prominent lawyer Mary Han

Mary Han was a prominent civil rights lawyer in Albuquerque whose untimely death has attracted both attention and litigation. In this lawsuit, Ms. Han’s daughter, and the personal representative of her estate, sued the City of Albuquerque and some of … Continue reading

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NMCA: Underground water rights may be partially forfeited

A landowner contended that he owned 394.85 acre-feet of underground water rights in the now-abandoned town of Cutter, New Mexico. The evidence at trial showed that a railroad had previously used the water, but that for 34 years the water … Continue reading

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NMCA: Fundamental error to instruct jury on element of crime that has been repealed

In this case, the defendant, Marcos Figueroa, was charged with criminal sexual penetration of a minor for abusing his son and stepson. At trial, the district court granted the State’s request that the jury be instructed that the defendant had … Continue reading

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NMCA: Reversing conviction of middle school student who said he was making a “kill list”

A 14-year-old student at Capitan Middle School told another student he was making a “kill list.” Then, when the school’s principal asked whether he had a “hit list,” the student corrected her and said it was a “kill list.” The … Continue reading

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NM Court of Appeals to consider whether the state constitution bars police from opening a locked gun safe during a vehicle inventory search

On September 11, 2019, the New Mexico Court of Appeals will hear oral argument in Albuquerque in State v. Leo Jim. UPDATE: On August 6, 2019, the Court vacated the oral argument, and will reset the date. At issue in … Continue reading

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