Category Archives: New Mexico Court of Appeals

NM Court of Appeals holds that workers’ compensation covers medical marijuana

In an interesting decision, Vialpando v. Ben’s Automotive Services, the Court of Appeals has affirmed an order by a Workers’ Compensation Judge directing an employer and insurer to reimburse an injured worker for medical marijuana prescribed to relieve pain resulting … Continue reading

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Is “independent intervening cause” alive in New Mexico?

In Silva v. Lovelace Health System, Inc. (May 6, 2014), the New Mexico Court of Appeals (in a 2-1 decision) reversed a jury verdict in a wrongful death case for failure to instruct the jury on the doctrine of independent intervening … Continue reading

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NM Court of Appeals affirms dismissal due to government’s use of false document

When you’re litigating a case, it sometimes happens that your client will lose, or will not have kept, copies of relevant documents. When that situation arises, what do you do? I guess it would depend on the circumstances, but here’s a protip … Continue reading

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Borrower who failed to make payments can’t be criminally charged for damaging property

In 2006 Wyatt Earp (no, not that Wyatt Earp) bought a home on a real estate contract. (In New Mexico, “real estate contract” is a term of art, which refers to an arrangement in which the buyer agrees to pay … Continue reading

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War Powers Clause does not authorize abrogation of state sovereign immunity, holds NM Court of Appeals

It’s not often that our state courts have an opportunity to address the War Powers Clause of the Constitution (otherwise known as Article I, Section 8, Clause 11), but the Court of Appeals has held, in Ramirez v. State of … Continue reading

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NM Court of Appeals holds argument at Grants High School

Dana Martinez has this story in the Cibola Beacon about an oral argument the Court of Appeals held last week at Grants High School in Grants, New Mexico. The case concerned a man who was placed on probation for driving … Continue reading

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Have lunch with Chief Judge Roderick Kennedy of the NM Court of Appeals

The New Mexico State Bar’s Appellate Practice Section is sponsoring a brown bag lunch with Chief Judge Roderick Kennedy of the New Mexico Court of Appeals. The event will occur at the State Bar Center in Albuquerque on Friday, March … Continue reading

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With restrictive covenants, it’s better to beg permission than ask forgiveness

The Court of Appeals has upheld enforcement of a restrictive covenant against a woman who opened a dog training and boarding business in a residential area. See Myers v. Armstrong (Feb. 5, 2014), opinion by Judge James Wechsler. The moral … Continue reading

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New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant

In an age when people are increasingly concerned about government’s use of various forms technology to spy on them, the Court of Appeals has signaled that there will be limits to police use of such technology. Last week, in an important expansion … Continue reading

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My Top Ten Most Popular Posts in 2013

Here are the top ten most-read posts from the New Mexico Appellate Law Blog in 2013. Thanks again to all the readers of this blog, and I hope each of you has a Happy New Year! 1. Heroic off-duty police officer … Continue reading

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