Tag Archives: New Mexico Constitution

“Medical damages debate hits NM Supreme Court”

Dan McKay has this story in the Albuquerque Journal about yesterday’s oral argument in Siebert v. Okun. The question presented is whether the damages cap in the New Mexico Medical Malpractice Act violates Article II, Section 12 of the New … Continue reading

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NM Court of Appeals to consider whether the state constitution bars police from opening a locked gun safe during a vehicle inventory search

On September 11, 2019, the New Mexico Court of Appeals will hear oral argument in Albuquerque in State v. Leo Jim. UPDATE: On August 6, 2019, the Court vacated the oral argument, and will reset the date. At issue in … 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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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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The lawsuit challenging Judge Nakamura’s appointment to the NM Supreme Court lacks merit

According to this report by Phaedra Haywood in the Santa Fe New Mexican, disbarred lawyer Stuart Stein has filed a lawsuit challenging Judge Judith Nakamura’s appointment to the New Mexico Supreme Court on the ground that the Judicial Nominating Commission … 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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NM Supreme Court upholds warrantless arrest of shoplifting suspect

Last week the New Mexico Supreme Court, in an opinion by Justice Bosson, upheld the warrantless arrest of a shoplifting suspect in State v. Paananen. Scott Sandlin of the Albuquerque Journal has this story about the decision.

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NM Supreme Court rejects former judge’s argument that she wasn’t up for retention in 2014

After the voters declined to retain her in the 2014 general election, Judge Sheri Raphaelson of the First Judicial District Court took the position that she should not have been subjected to a retention election in the first place. Judge … 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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