Category Archives: New Mexico Supreme Court

NM Supreme Court: Texas doctor’s sovereign immunity will be upheld in medical malpractice case

Yesterday, the New Mexico Supreme Court issued its decision in the closely-watched case of Montaño v. Frezza. The case arose out of medical treatment that a New Mexico resident, Kimberly Montaño, received from a physician at Texas Tech University Hospital … Continue reading

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NM Supreme Court: Probation term does not expire if defendant absconds

When a term of probation expires, it means the defendant has satisfied all criminal liability, and is entitled to a certificate from a court saying so. See NMSA 1978, sec. 31-20-8. The term of probation is tolled, however, if the … Continue reading

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Nakamura, Vargas prevail in New Mexico’s appellate judicial races

According to the Secretary of State’s website, Republican Justice Judith Nakamura has prevailed over Chief Judge Michael Vigil, the Democratic candidate, in the race for the New Mexico Supreme Court, by a vote of 391,841 to 361,553. And in the … Continue reading

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Interview with Chief Judge Michael Vigil, Democratic candidate for the NM Supreme Court

I recently met with Chief Judge Michael Vigil of the New Mexico Court of Appeals. He is the Democratic candidate for the New Mexico Supreme Court in next month’s general election. You can find his campaign website here. Q.  I’m … Continue reading

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Interview with Justice Judith Nakamura, Republican candidate for the New Mexico Supreme Court

I recently met with Justice Judith Nakamura, who was appointed to the New Mexico Supreme Court in 2015 by Governor Martinez. She is running to keep her seat as the Republican candidate in this year’s general election. Her campaign website … Continue reading

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Santa Fe New Mexican endorses Vigil, French for NM appellate courts

The Santa Fe New Mexican has endorsed Chief Judge Michael Vigil, the Democratic candidate for the New Mexico Supreme Court, and Judge Stephen French, the Republican candidate for the New Mexico Court of Appeals. The editorial, however, also has very nice things … Continue reading

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Register for the NM Appellate Bench & Bar Conference on October 28

On Friday, October 28, the New Mexico Bench and Bar Conference will take place at the Supreme Court in Santa Fe. If you want to learn more about appellate practice in New Mexico, or ask questions of our appellate judges, … Continue reading

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Former New Mexico Supreme Court Justice Dan Sosa, Jr. dies at 92

According to this report by Steve Ramirez in the Las Cruces Sun-News, one of the giants of the New Mexico legal community, former Justice Dan Sosa, Jr., passed away on Saturday in Las Cruces. Justice Sosa was born in humble … Continue reading

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NM Supreme Court: Whistleblowers can’t sue state officials in their personal capacities

Former New Mexico Secretary of State Mary Herrera allegedly fired two employees of her office in 2010 for speaking with the FBI, which was investigating her conduct. The employees sued Herrera under the New Mexico Whistleblower Protection Act. Last year, … Continue reading

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NM Supreme Court rejects right to assisted suicide

The New Mexico Supreme Court has issued a unanimous opinion (written by Justice Chavez) in Morris v. Brandenburg rejecting the claim that the New Mexico Constitution creates a right to assisted suicide. Because the plaintiffs based their claim solely on … Continue reading

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