Tag Archives: Criminal Law

Tenth Circuit upholds lawyer’s conviction for tax evasion

Today the Tenth Circuit upheld a Kansas lawyer’s conviction for tax evasion, rejecting his arguments that insufficient evidence was presented to prove an “affirmative act” designed to conceal or mislead, and insufficient evidence to prove willfulness. Here the defendant named … Continue reading

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Justice Nakamura issues her first two opinions for the NM Supreme Court

Justice Nakamura took office in December, and has now issued her first two opinions for the unanimous Supreme Court: 1. In State v. Anthony Holt, the Court upheld the breaking-and-entering conviction of a man who was in the process of … Continue reading

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NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction

Requildo Cardenas was jolted awake at 1:30 a.m. by someone banging on his front door. He grabbed a gun and demanded to know who was there, but received no answer. Instead, the unknown person continued banging on the door. Cardenas … Continue reading

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NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction

A defendant removed a window screen at a home, when he noticed a woman inside, and realized that she had spotted him. He then left. Was this breaking and entering? By a 2-1 vote, the Court of Appeals upheld defendant’s … Continue reading

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“Meet the New Mexico judge who sentences more people than any other”

Joe Palazzolo of the Wall Street Journal’s Law Blog has this interesting post about Judge Robert C. Brack, a federal district court judge in Las Cruces, and reports that he has sentenced 6,708 criminal defendants over the past five years, … Continue reading

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Cop-killer Michael Astorga’s convictions upheld by NM Supreme Court

In March 2006, Michael Astorga shot Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop. On Friday, in an opinion by Justice Chavez, the New Mexico Supreme Court rejected Astorga’s arguments on appeal and upheld his conviction for first-degree … Continue reading

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NM Court of Appeals: State may prosecute identity theft occurring entirely in other states, where victim is in New Mexico

Christopher Allen was convicted of stealing the identity of a New Mexico resident, and using it to obtain an Arizona driver’s license, to rent cars in Arizona, Nevada, and Georgia, and provided the stolen identity as his own when he … Continue reading

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Borrower who failed to make payments can’t be criminally charged for damaging property

In 2006 Wyatt Earp (no, not that Wyatt Earp) bought a home on a real estate contract. (In New Mexico, “real estate contract” is a term of art, which refers to an arrangement in which the buyer agrees to pay … Continue reading

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“New Mexico Supreme Court affirms conviction in Carlsbad killing”

The Carlsbad Current-Argus has this report about a non-precedential opinion (State v. Lopez) issued last week by the New Mexico Supreme Court, affirming the first-degree murder conviction of a former Mexican police officer who killed a man in Carlsbad in 2009.

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Child endangerment conviction affirmed: father smoked meth, kept unsecured firearms in home

Yesterday, in State v. Schaaf, the New Mexico Court of Appeals affirmed a father’s conviction for “negligent child abuse by endangerment.” Five-year old triplets lived in the home, along with a teenager. In upholding the conviction, Judge Cynthia Fry‘s opinion notes that … Continue reading

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