After more than 22 years of service on the New Mexico Court of Appeals, Judge Jim Wechsler has announced that he will be retiring on July 31, 2017, according to this story by Phaedra Haywood in the Santa Fe New … Continue reading
The State Bar’s Appellate Section will host a brown bag lunch with Judge James Wechsler of the Court of Appeals on Friday, December 2, at noon, at the State Bar Center in Albuquerque. This event is part of a series … Continue reading
The New Mexico Constitution explicitly protects the right of non-English speakers to serve on juries. See N.M. Const., Article VII, Section 3. As a result, it is fairly common for speakers of Spanish, Navajo, and other languages to serve on juries with … Continue reading
Last year, in Vialpando v. Ben’s Automotive Services, the Court of Appeals upheld the validity of a workers’ compensation award directing an employer and insurer to reimburse a worker for the cost of medical marijuana used to relieve pain. (You … Continue reading
A defendant was on probation for sex offenses. The conditions of his probation prohibited him from possessing “any sexually oriented or sexually stimulating material.” The New Mexico Court of Appeals held that defendant violated the conditions of his probation by possessing … Continue reading
In the latest results from the Secretary of State’s office, Judge Miles Hanisee, the incumbent and Republican candidate, holds a lead over his Democratic challenger, Kerry Kiernan. As of the time of this writing, Judge Hanisee has 242,367 votes to … Continue reading
In an interesting decision, Vialpando v. Ben’s Automotive Services, the Court of Appeals has affirmed an order by a Workers’ Compensation Judge directing an employer and insurer to reimburse an injured worker for medical marijuana prescribed to relieve pain resulting … Continue reading
The Court of Appeals has upheld enforcement of a restrictive covenant against a woman who opened a dog training and boarding business in a residential area. See Myers v. Armstrong (Feb. 5, 2014), opinion by Judge James Wechsler. The moral … Continue reading
In Livingston v. Environmental Earthscapes, a landscaper suffered a wrist injury and carpal tunnel syndrome at his job. The workers’ compensation judge found that the worker was entitled to permanent partial disability (PPD) and loss of use (LOU) benefits. This award … Continue reading
Yesterday the New Mexico Court of Appeals issued two decisions: 1. The Court held that the personal representative of a deceased man (who died six months before the mother gave birth to his putative child) had standing to seek a determination of paternity under … Continue reading
