Tag Archives: Justice Edward Chavez

NM Supreme Court: Texas doctor’s sovereign immunity will be upheld in medical malpractice case

Yesterday, the New Mexico Supreme Court issued its decision in the closely-watched case of Montaño v. Frezza. The case arose out of medical treatment that a New Mexico resident, Kimberly Montaño, received from a physician at Texas Tech University Hospital … Continue reading

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NM Supreme Court rejects right to assisted suicide

The New Mexico Supreme Court has issued a unanimous opinion (written by Justice Chavez) in Morris v. Brandenburg rejecting the claim that the New Mexico Constitution creates a right to assisted suicide. Because the plaintiffs based their claim solely on … Continue reading

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NM Supreme Court strikes down law that provides free textbooks to private school students

Today the New Mexico Supreme Court issued its decision in Moses v. Skandera, holding that the Instructional Materials Law, under which the state loans secular textbooks to children attending private schools, violates Article XII, Section 3 of the New Mexico Constitution. … Continue reading

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NM Supreme Court: Aerial surveillance without warrant violates 4th Amendment

Yesterday, the New Mexico Supreme Court issued its opinion in the closely-watched case of State v. Norman Davis. The case began in 2006, when a police helicopter spotted marijuana plants in a greenhouse owned by Mr. Davis in Taos County. … Continue reading

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Have lunch with Justice Chávez on September 25

The Appellate Practice Section and Young Lawyers Division of the State Bar will be hosting a brown bag lunch with Justice Edward Chávez of the New Mexico Supreme Court at noon on Friday, September 25, 2015, at the State Bar … Continue reading

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NM Supreme Court upholds city’s rule barring its employees from seeking or holding elective office

Today the New Mexico Supreme Court issued its ruling in Kane v. City of Albuquerque, upholding provisions of the City Charter and the City Personnel Rules which prohibit city employees from seeking or holding elective office. Emily Kane, a captain … Continue reading

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New Mexico’s heightened search-and-seizure protections don’t apply at Mexican border

The New Mexico Constitution provides greater protection to citizens than the Fourth Amendment when it comes to searches and seizures. For example, in State v. Cardenas-Alvarez, the New Mexico Supreme Court held that at interior border control checkpoints (such as those … Continue reading

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Cop-killer Michael Astorga’s convictions upheld by NM Supreme Court

In March 2006, Michael Astorga shot Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop. On Friday, in an opinion by Justice Chavez, the New Mexico Supreme Court rejected Astorga’s arguments on appeal and upheld his conviction for first-degree … Continue reading

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Judge Miles Hanisee appears to have prevailed in the Court of Appeals race; other N.M. appellate judges easily win retention

In the latest results from the Secretary of State’s office, Judge Miles Hanisee, the incumbent and Republican candidate, holds a lead over his Democratic challenger, Kerry Kiernan. As of the time of this writing, Judge Hanisee has 242,367 votes to … Continue reading

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NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits

When a motion to disqualify a lawyer is filed, a court or administrative agency must decide that motion before allowing the lawyer to participate in any proceedings on the merits. That’s essentially what the New Mexico Supreme Court held yesterday … Continue reading

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