Tag Archives: Judge Roderick Kennedy

Judges Bustamante & Kennedy to retire from NM Court of Appeals

According to the Judicial Nominating Commission, Judge Michael Bustamante will retire from the New Mexico Court of Appeals on October 31, 2016, and Judge Roderick Kennedy will retire from the Court on November 30, 2016. Andrew Oxford has this comprehensive … 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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If the other side argues that your appeal should be dismissed, don’t ignore it, says NM Court of Appeals.

Recently legal writing guru Bryan Garner had an interesting piece on when you can ignore a point raised by your opponent on appeal. While that may be possible in some circumstances, it’s probably not a good idea to ignore an … Continue reading

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NM Court of Appeals explains how to calculate the average weekly wage when a worker has more than one job, and affirms attorney fee award

Earlier this month the NM Court of Appeals, in Vinyard v. Palo Alto, Inc., decided the proper method for calculating the weekly average in a workers’ compensation case when the injured employee has two jobs.  The proper method, according to … Continue reading

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Santa Fe New Mexican endorses appellate judge candidates

The Santa Fe New Mexican has released its endorsements of the appellate judges on the ballot, recommending that the voters elect Judge Barbara Vigil to the New Mexico Supreme Court and keep J. Miles Hanisee on the New Mexico Court … Continue reading

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“Voting matters up and down the ballot”

Attorney Denise Torres, and former District Judge James Hall, have this interesting article in the Santa Fe New Mexican, summarizing the Judicial Performance Evaluating Commission’s recommendations to retain Supreme Court Justice Richard Bosson, and Court of Appeals Judges Michael Vigil … Continue reading

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“Editorial: Selections for Supreme And Appeals Courts”

Earlier this week, the editors at the Albuquerque Journal issued their endorsements for the contested races in the New Mexico Supreme Court and New Mexico Court of Appeals, endorsing present Justice Paul Kennedy and present Judge J. Miles Hanisee, both … Continue reading

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NM Court of Appeals sets standard for personal jurisdiction over foreign defendants

Minimum contacts.  Purposeful availment.  Haled into court. Stream of commerce. You may not have heard those phrases since your first year of law school, but last week the Court of Appeals, in Sproul v. Rob & Charlie’s, Inc., took up … Continue reading

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