Category Archives: New Mexico Supreme Court

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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Governor appoints Judges Shannon Bacon and David Thomson to the NM Supreme Court

Last week, Governor Lujan Grisham appointed District Judges Shannon Bacon and David Thomson to fill the two vacant seats on the New Mexico Supreme Court. Judge Bacon is on the Second Judicial District Court in Albuquerque. According to this story … Continue reading

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“Foreclosure case could change NM homeowner protections”

This story by Ryan Laughlin of KOB News describes Nava v. Wells Fargo Bank, a case now before the New Mexico Supreme Court. Apparently, the story was prompted by the filing of petitioner’s brief earlier this week. The Court of Appeals’ opinion that the … Continue reading

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NM Supreme Court issues opinion explaining its suspension of attorney Eric Dixon

In November 2018, the New Mexico Supreme Court suspended prominent Portales lawyer Eric Dixon from the practice of law for at least nine months. Yesterday, the Court issued a unanimous opinion explaining its decision. The Court stated that Mr. Dixon … Continue reading

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RIP: Former New Mexico Supreme Court Justice Dan Sisk

I regret to report that former Justice Daniel A. Sisk, who served on the New Mexico Supreme Court in 1970, has passed away. Mr. Sisk was also a “name” partner at my law firm. Unfortunately, I never had the opportunity … Continue reading

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NMSC: Tort Claims Act waives sovereign immunity for loss of consortium claims

Today the New Mexico Supreme Court issued its decision in Thompson v. City of Albuquerque, holding that the Tort Claims Act waives the state government’s sovereign immunity for loss of consortium claims. The case was brought by the minor children … Continue reading

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