Category Archives: New Mexico Supreme Court

“Medical damages debate hits NM Supreme Court”

Dan McKay has this story in the Albuquerque Journal about yesterday’s oral argument in Siebert v. Okun. The question presented is whether the damages cap in the New Mexico Medical Malpractice Act violates Article II, Section 12 of the New … Continue reading

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“New Mexico high court hears ‘warrior gene’ arguments”

Robert Nott has this story in the Santa Fe New Mexican about yesterday’s oral argument in State v. Yepez, which involves the admissibility of evidence that the defendant’s genes predisposed him to act violently. While serving as a judge on … Continue reading

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“NM Supreme Court takes up deadly pursuit cases”

Katy Barnitz has this story in the Albuquerque Journal describing yesterday’s oral argument in State v. David Barber and State v. Elexus Groves, a case in which the New Mexico Supreme Court is being asked to decide whether aggravated fleeing … Continue reading

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This week’s oral arguments at NMSC: Warrior genes, the medical malpractice cap, and more

It’s oral argument week at the New Mexico Supreme Court, and here’s the lineup: Monday, November 4, 2019 State v. Yepez. Should a criminal defendant be able to introduce evidence that he has a “warrior gene” which predisposes him to … Continue reading

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Albuquerque lawyer Kerry Morris to run for New Mexico Supreme Court

Last week, candidates for state elected offices in New Mexico were required to file contribution-and-expense reports. These reports reveal that the first challenger for the New Mexico Supreme Court seats held by Justices Shannon Bacon and David Thomson has come … Continue reading

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NMSC: Trial judge properly granted new trial after he had ex parte contact with jury

After a murder trial that involved some confusing jury instructions, the jury appeared to return an inconsistent verdict on one count. Without notifying counsel, the trial judge walked over to the jury room and said “I’m confused about your verdict,” … Continue reading

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NMSC: Defendant need not expressly state “I am guilty” to enter a valid guilty plea

In State v. Yancey, the Supreme Court held, in a unanimous opinion by Chief Justice Nakamura, that a criminal defendant need not expressly state “I am guilty” or “I plead guilty” in open court to enter a valid guilty plea. … Continue reading

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Justices Bacon and Thomson kick off their election campaigns next week

In New Mexico, judges who are appointed to fill a vacancy must run to keep their seats in the next general election. These judicial races are partisan ones. If you are appointed and don’t win, you will be back in … Continue reading

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NMSC: Public Regulation Commission’s approval of PNM’s 2018 renewable energy procurement plan affirmed

Today the New Mexico Supreme Court issued its unanimous opinion in New Mexico Industrial Energy Consumers v. New Mexico Public Regulation Commission (opinion by Justice Shannon Bacon). The issue in the case is whether the Public Service Company of New … Continue reading

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NMSC upholds commitment of Socorro man who killed his father with a pick axe

In State v. Baca, the New Mexico Supreme Court has upheld the criminal commitment of Manuel Baca, who killed his father in Socorro with a pick axe in 2016. The district court found him incompetent to stand trial and ordered … Continue reading

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