Tag Archives: Jury Instructions

NMCA: Fundamental error to instruct jury on element of crime that has been repealed

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

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

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

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

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

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