Tag Archives: Judge James Wechsler

Have lunch with Judge Wechsler of the NM Court of Appeals

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

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Failure to provide written jury instructions in Spanish did not doom conviction, says NM Court of Appeals

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

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NM Court of Appeals reaffirms that medical marijuana is covered by workers’ compensation

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

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Possession of “The Girl With the Dragon Tattoo” violated probation, says NM Court of Appeals

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

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Judge Miles Hanisee appears to have prevailed in the Court of Appeals race; other N.M. appellate judges easily win retention

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

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NM Court of Appeals holds that workers’ compensation covers medical marijuana

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

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With restrictive covenants, it’s better to beg permission than ask forgiveness

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

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Workers’ comp benefits can’t exceed average weekly wage, says NM Court of Appeals

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

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Two new NM Court of Appeals decisions — paternity and insurance coverage edition

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

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Two new workers’ comp decisions from the New Mexico Court of Appeals

Yesterday the New Mexico Court of Appeals issued two decisions dealing with workers’ compensation claims: 1.  Laughlin v. Convenient Management Services, Inc.  In an opinion by Judge Wechsler, the Court held that the Workers’ Compensation Judge correctly determined that a … Continue reading

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