Category Archives: New Mexico Supreme Court

“DA seeks relief over polygraph decision”

by Emil J. Kiehne Posted on June 20, 2013

The Second Judicial District Attorney’s Office has filed a petition for an extraordinary writ, asking the New Mexico Supreme Court to overturn a trial judge’s ruling allowing a defendant in a murder trial to cross-examine a prosecution witness with the … Continue reading →

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“New Mexico Supreme Court affirms conviction in Carlsbad killing”

by Emil J. Kiehne Posted on June 17, 2013

The Carlsbad Current-Argus has this report about a non-precedential opinion (State v. Lopez) issued last week by the New Mexico Supreme Court, affirming the first-degree murder conviction of a former Mexican police officer who killed a man in Carlsbad in 2009.

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Three new NM Supreme Court decisions today

by Emil J. Kiehne Posted on June 13, 2013

Today the New Mexico Supreme Court issued the following decisions: 1.  State v. Davis. In an opinion by Chief Justice Petra Jimenez Maes, the Court held that 72-year old defendant Norman Davis voluntarily consented to a search of his property for marijuana, despite … Continue reading →

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Telephonic approval of search warrants okay in New Mexico

by Emil J. Kiehne Posted on June 10, 2013

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … Continue reading →

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New Mexico Supreme Court rules against Barnes & Noble in internet sales tax dispute

by Emil J. Kiehne Posted on June 3, 2013

Today the New Mexico Supreme Court held, in New Mexico Department of Taxation & Revenue v. Barnesandnoble.com, LLC, that the State may impose New Mexico gross receipts tax on Barnes & Noble’s online sales transactions. In an opinion by Justice … Continue reading →

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NM Supreme Court rules against Halliburton in dispute over employment arbitration agreement

by Emil J. Kiehne Posted on May 31, 2013

Yesterday, in Flemma v. Halliburton Energy Services, Inc., the New Mexico Supreme Court ruled that an employment arbitration agreement was unconscionable under New Mexico law. As explained in Justice Barbara Vigil‘s opinion, the arbitration agreement in question allowed Halliburton to … Continue reading →

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Former NM Supreme Court Justice Dan Sosa, Jr. to be honored on May 31

by Emil J. Kiehne Posted on May 30, 2013

Tomorrow night (May 31), from 6 to 10 p.m., the Honorable Dan Sosa, Jr. will be honored at the National Hispanic Cultural Center at its first annual Trailblazers en el Camino Award Ceremony (click on the link for more information, or … Continue reading →

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“Argument Audio: The Four Holdout Circuits”

by Emil J. Kiehne Posted on May 28, 2013

At her terrific Appellate Daily blog, Michelle Olsen has this post about the four federal circuit courts of appeal that do not yet post audio files of oral arguments on their websites. The Tenth Circuit is one of them. To … Continue reading →

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NM Supreme Court adopts rule from Hadley v. Baxendale in a case that proves Murphy’s Law is alive and well

by Emil J. Kiehne Posted on April 29, 2013

Don’t forget to pay your electric bill. That’s one lesson to be learned from Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc., a recent decision from the New Mexico Supreme Court written by Justice Edward Chavez, which settles … Continue reading →

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NM Supreme Court holds Department of Transportation may be sued for not installing cross-over barriers on highway

by Emil J. Kiehne Posted on February 1, 2013

A head-on collision is every driver’s nightmare, and in 2004 one happened on State Road 502 east of Los Alamos, killing Amelia Martinez and Donald Espinoza. The crash occurred because another driver, coming from the opposite direction, was attempting to … Continue reading →

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