Tag Archives: Criminal Law

“NM Supreme Court takes up deadly pursuit cases”

by Emil J. Kiehne Posted on November 5, 2019

Katy Barnitz has this story in the Albuquerque Journal describing yesterday’s oral argument in State v. David Barber and State v. Elexus Groves, a case in which the New Mexico Supreme Court is being asked to decide whether aggravated fleeing … Continue reading →

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CA10: Use of code words, and time spent with drug dealer, sufficient to support drug convictions

by Emil J. Kiehne Posted on October 9, 2019

In United States v. Duran (opinion by Judge Bacharach), the Tenth Circuit upheld the defendant’s convictions for drug distribution offenses. The evidence was sufficient, although the government offered no direct evidence the defendant possessed cocaine. In telephone conversations with a … Continue reading →

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NMCA: Juvenile “used” BB gun in assault despite not brandishing or referring to it

by Emil J. Kiehne Posted on October 3, 2019

This case presents an interesting issue of textual interpretation — what does it mean to “use” a weapon? I would not be surprised to see our Supreme Court take up this case: Suspecting that 12-year old Zachariah G. had some … Continue reading →

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Tenth Circuit upholds lawyer’s conviction for tax evasion

by Emil J. Kiehne Posted on November 16, 2016

Today the Tenth Circuit upheld a Kansas lawyer’s conviction for tax evasion, rejecting his arguments that insufficient evidence was presented to prove an “affirmative act” designed to conceal or mislead, and insufficient evidence to prove willfulness. Here the defendant named … Continue reading →

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Justice Nakamura issues her first two opinions for the NM Supreme Court

by Emil J. Kiehne Posted on February 29, 2016

Justice Nakamura took office in December, and has now issued her first two opinions for the unanimous Supreme Court: 1. In State v. Anthony Holt, the Court upheld the breaking-and-entering conviction of a man who was in the process of … Continue reading →

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NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction

by Emil J. Kiehne Posted on February 17, 2016

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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NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction

by Emil J. Kiehne Posted on May 5, 2015

A defendant removed a window screen at a home, when he noticed a woman inside, and realized that she had spotted him. He then left. Was this breaking and entering? By a 2-1 vote, the Court of Appeals upheld defendant’s … Continue reading →

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“Meet the New Mexico judge who sentences more people than any other”

by Emil J. Kiehne Posted on February 18, 2015

Joe Palazzolo of the Wall Street Journal’s Law Blog has this interesting post about Judge Robert C. Brack, a federal district court judge in Las Cruces, and reports that he has sentenced 6,708 criminal defendants over the past five years, … Continue reading →

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

by Emil J. Kiehne Posted on February 17, 2015

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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NM Court of Appeals: State may prosecute identity theft occurring entirely in other states, where victim is in New Mexico

by Emil J. Kiehne Posted on September 10, 2014

Christopher Allen was convicted of stealing the identity of a New Mexico resident, and using it to obtain an Arizona driver’s license, to rent cars in Arizona, Nevada, and Georgia, and provided the stolen identity as his own when he … Continue reading →

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