Tag Archives: Jury Instructions

NMCA: Juvenile “used” BB gun in assault despite not brandishing or referring to it

by Emil J. Kiehne Posted on October 3, 2019

This case presents an interesting issue of textual interpretation — what does it mean to “use” a weapon? I would not be surprised to see our Supreme Court take up this case: Suspecting that 12-year old Zachariah G. had some … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , , , , , | Comments Off on NMCA: Juvenile “used” BB gun in assault despite not brandishing or referring to it

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

by Emil J. Kiehne Posted on October 3, 2019

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 →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , , | Comments Off on NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error

NMCA: Fundamental error to instruct jury on element of crime that has been repealed

by Emil J. Kiehne Posted on August 13, 2019

In this case, the defendant, Marcos Figueroa, was charged with criminal sexual penetration of a minor for abusing his son and stepson. At trial, the district court granted the State’s request that the jury be instructed that the defendant had … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , , | Comments Off on NMCA: Fundamental error to instruct jury on element of crime that has been repealed

NMCA: Employer’s mistaken belief that worker was disabled supported discrimination claim

by Emil J. Kiehne Posted on August 2, 2019

In Goodman v. OS Restaurant Services, LLC (opinion by Judge Hanisee), the Court of Appeals has held that sufficient evidence supported a jury’s verdict that an employer mistakenly “regarded” the plaintiff worker as disabled, and discriminated against him because of … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis, Preservation of Error | Tagged , , , , | Comments Off on NMCA: Employer’s mistaken belief that worker was disabled supported discrimination claim

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

by Emil J. Kiehne Posted on February 17, 2016

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 →

Posted in Uncategorized | Tagged , , , | Comments Off on Failure to provide written jury instructions in Spanish did not doom conviction, says NM Court of Appeals

NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction

by Emil J. Kiehne Posted on February 17, 2016

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 →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , , | Comments Off on NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction

Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal

by Emil J. Kiehne Posted on July 8, 2015

In 2010 a scandal involving the New Mexico Secretary of State’s office broke into the news. Several consultants for the office — Armando Gutierrez, Joseph Kupfer, and Elizabeth Kupfer — were indicted in federal court for misusing voter education funds … Continue reading →

Posted in Uncategorized | Tagged , , , , | Comments Off on Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal