Tag Archives: Justice Judith Nakamura

NMSC: Defendant need not expressly state “I am guilty” to enter a valid guilty plea

by Emil J. Kiehne Posted on October 8, 2019

In State v. Yancey, the Supreme Court held, in a unanimous opinion by Chief Justice Nakamura, that a criminal defendant need not expressly state “I am guilty” or “I plead guilty” in open court to enter a valid guilty plea. … Continue reading →

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NM Supreme Court: Probation term does not expire if defendant absconds

by Emil J. Kiehne Posted on January 24, 2017

When a term of probation expires, it means the defendant has satisfied all criminal liability, and is entitled to a certificate from a court saying so. See NMSA 1978, sec. 31-20-8. The term of probation is tolled, however, if the … Continue reading →

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Nakamura, Vargas prevail in New Mexico’s appellate judicial races

by Emil J. Kiehne Posted on November 9, 2016

According to the Secretary of State’s website, Republican Justice Judith Nakamura has prevailed over Chief Judge Michael Vigil, the Democratic candidate, in the race for the New Mexico Supreme Court, by a vote of 391,841 to 361,553. And in the … Continue reading →

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Interview with Justice Judith Nakamura, Republican candidate for the New Mexico Supreme Court

by Emil J. Kiehne Posted on October 24, 2016

I recently met with Justice Judith Nakamura, who was appointed to the New Mexico Supreme Court in 2015 by Governor Martinez. She is running to keep her seat as the Republican candidate in this year’s general election. Her campaign website … Continue reading →

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Santa Fe New Mexican endorses Vigil, French for NM appellate courts

by Emil J. Kiehne Posted on October 24, 2016

The Santa Fe New Mexican has endorsed Chief Judge Michael Vigil, the Democratic candidate for the New Mexico Supreme Court, and Judge Stephen French, the Republican candidate for the New Mexico Court of Appeals. The editorial, however, also has very nice things … Continue reading →

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NM Supreme Court: Whistleblowers can’t sue state officials in their personal capacities

by Emil J. Kiehne Posted on August 24, 2016

Former New Mexico Secretary of State Mary Herrera allegedly fired two employees of her office in 2010 for speaking with the FBI, which was investigating her conduct. The employees sued Herrera under the New Mexico Whistleblower Protection Act. Last year, … Continue reading →

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NM Supreme Court: Flat fees for contract public defenders don’t violate right to effective assistance

by Emil J. Kiehne Posted on June 7, 2016

In the first episode of Better Call Saul‘s first season, Jimmy McGill complains about the $700 paycheck he received for representing three teenagers accused of indecent acts as a New Mexico contract public defender. While that scene was played for … Continue reading →

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NM Supreme Court: State agencies aren’t immune from — USERRA claims by national guard members

by Emil J. Kiehne Posted on April 20, 2016

In Justice Judith Nakamura’s first opinion, the New Mexico Supreme Court has ruled that state agencies are not immune from claims under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (– USERRA), which prohibits discrimination against members … 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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Have lunch with Justice Nakamura

by Emil J. Kiehne Posted on February 29, 2016

This Friday, March 4, at noon, the Appellate Practice Section of the State Bar will host Justice Judith K. Nakamura for a brown-bag lunch at the State Bar Center in Albuquerque. These regular lunches present good opportunities to meet our … Continue reading →

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