Tag Archives: Judge Monica Zamora

NMSC: Defendant need not expressly state “I am guilty” to enter a valid guilty plea

In State v. Yancey, the Supreme Court held, in a unanimous opinion by Chief Justice Nakamura, that a criminal defendant need not expressly state “I am guilty” or “I plead guilty” in open court to enter a valid guilty plea. … Continue reading

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NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error

The defendant was charged with escape from jail, but the jury was instructed on the separate offense of escape from an inmate-release program. No objection was made. In State v. Grubb (opinion by Chief Judge Monica Zamora), the Court of … Continue reading

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NMCA: Albuquerque police are immune from claims that they botched an investigation of the death of prominent lawyer Mary Han

Mary Han was a prominent civil rights lawyer in Albuquerque whose untimely death has attracted both attention and litigation. In this lawsuit, Ms. Han’s daughter, and the personal representative of her estate, sued the City of Albuquerque and some of … Continue reading

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Congratulations to the new chief judge of the New Mexico Court of Appeals, M. Monica Zamora

Earlier this week, Judge M. Monica Zamora was sworn in to begin serving a two-year term as Chief Judge of the New Mexico Court of Appeals. She replaces Judge Linda Vanzi, who served as Chief Judge from 2017 to 2019. … Continue reading

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New Mexico Court of Appeals celebrates 50th anniversary

On Friday, April 1, the New Mexico Court of Appeals celebrated 50 years of existence. Some of the Court’s history is recounted in this op-ed by Judge Zamora and Judge Bustamante, which ran in the Santa Fe New Mexican. A … Continue reading

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NM Court of Appeals clarifies standards for reverse discrimination claims

In Garcia v. Hatch Valley Public Schools, the plaintiff, a female school bus driver of German descent (with a Hispanic surname by marriage), alleges her firing was the result of racial and national origin discrimination. She sued the defendant school district … Continue reading

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NM Court of Appeals: Lender failed to establish standing to foreclose

Since our Supreme Court’s decision in Bank of New York v. Romero in 2014, New Mexico’s appellate courts have applied increased scrutiny to foreclosure lawsuits. The latest example of this trend is last week’s decision by the Court of Appelas … 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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Exclusion of farm & ranch employees from workers’ comp is unconstitutional, says NM Court of Appeals

Section 52-1-6(A) of the New Mexico’s Workers’ Compensation Act excludes farm and ranch laborers from the benefits (and burdens) of workers’ compensation. This week, the Court of Appeals held that this exclusion violates the equal protection clause of the New Mexico … 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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