Tag Archives: Judge Michael Vigil

Defense verdict in New Mexico wrongful death case reversed on Batson violation

The New Mexico Court of Appeals has reversed a defense verdict in a wrongful death case, holding that the defendants’ use of peremptory jury strikes to remove Hispanics from the jury was unconstitutional and violated the principles established by the U.S. … Continue reading

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Commission selects four applicants for NM Supreme Court

In my earlier post about this morning’s Judicial Nominating Commission meeting, I noted that I had to leave at lunch time, so I did not get to see who was selected, but according to this story by Scott Sandlin in … Continue reading

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Nominating commission interviews NM Supreme Court applicants

This morning I had the pleasure of attending the New Mexico Judicial Nominating Commission’s meeting in Santa Fe to interview applicants for the Supreme Court seat that Justice Bosson will vacate at the end of the month. The meeting started at … Continue reading

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Eight apply for NM Supreme Court vacancy

The Santa Fe New Mexican has this story about the eight judges and lawyers who applied for the upcoming vacancy on the New Mexico Supreme Court by yesterday’s deadline. The New Mexico Judicial Nominating Commission will interview the applicants on … Continue reading

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NM Court of Appeals: Los Lunas has standing to challenge Valencia County’s decision re hospital

According to this report by Julia Dendinger in the Valencia County News-Bulletin, the New Mexico Court of Appeals issued an oral ruling reviving the Village of Los Lunas’ challenge to Valencia County’s decision which paves the way for a hospital … Continue reading

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NM Court of Appeals: 10.5 months was sufficient time to file medical malpractice lawsuit

The New Mexico Medical Malpractice Act creates a statute of repose, not a statute of limitations. This means that a medical negligence lawsuit against a qualified healthcare provider must be filed within three years of the malpractice, regardless of whether the … Continue reading

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NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … 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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Jury can decide whether DOT had constructive notice of tire debris on highway, although no one knows how long it was there

Peggy Lujan-Silva was driving on Interstate 25 near Santa Fe, when her car struck tire debris on the highway. Her car rolled over several times, and she was killed. No one knows how long the debris was on the highway. … Continue reading

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NM Court of Appeals affirms dismissal due to government’s use of false document

When you’re litigating a case, it sometimes happens that your client will lose, or will not have kept, copies of relevant documents. When that situation arises, what do you do? I guess it would depend on the circumstances, but here’s a protip … Continue reading

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