New Mexico Supreme Court Decisions 2023
Date: November 27, 2023
Docket Number: S-1-SC-40146
Date: November 13, 2023
Docket Number: S-1-SC-39746
Date: October 12, 2023
Docket Number: S-1-SC-38996
Date: October 2, 2023
Docket Numbers: S-1-SC-36580, S-1-SC-37135, S-1-SC-37137
Date: September 25, 2023
Docket Number: S-1-SC-39139
Date: September 5, 2023
Citation: 2023-NMSC-025
Docket Number: S-1-SC-38937
Justia Opinion Summary: This case arises from an incident in which Ricky Anthony Ayon was stopped by police while walking on the street. The police officer, recognizing Ayon from past encounters and knowing he had a warrant, immediately…
Date: August 14, 2023
Citation: 2023-NMSC-024
Docket Number: S-1-SC-38169
Justia Opinion Summary: In this case, the defendant, Jaime Veleta, was convicted of willful and deliberate first-degree murder, felony murder in the first-degree, kidnapping, conspiracy, and tampering with evidence. However, he was acquitted of…
Date: August 14, 2023
Citation: 2023-NMSC-023
Docket Number: S-1-SC-38861
Justia Opinion Summary: The Supreme Court of the State of New Mexico affirmed a lower court's decision denying a defendant's motion to suppress evidence. The case involves Hugo Vasquez-Salas, a passenger in a car that was pulled over for a…
Date: July 27, 2023
Citation: 2023-NMSC-022
Docket Number: S-1-SC-39343
Justia Opinion Summary: A jury found that Child-Respondent Antonio M. (Child) committed felony murder, attempted armed robbery, conspiracy to commit armed robbery, child abuse, and aggravated assault with a deadly weapon. The State charged…
Date: July 24, 2023
Citation: 2023-NMSC-021
Docket Number: S-1-SC-38147
Justia Opinion Summary: Petitioner Rufino Torres petitioned for habeas relief, contending the judgment and sentence which required him to serve consecutive, i.e., “stacked,” five-year terms of probation was illegal. Four different indictments…
Date: July 24, 2023
Citation: 2023-NMSC-020
Docket Number: S-1-SC-39140
Justia Opinion Summary: The issue this case presented for the New Mexico Supreme Court's review centered on whether a hearing officer improperly denied a petition for an order of protection under the Family Violence Protection Act (FVPA) by…
Date: July 13, 2023
Citation: 2023-NMSC-017
Docket Number: S-1-SC-38601
Justia Opinion Summary: The Court of Appeals held that an heirship judgment that conveyed mineral rights to a good faith buyer’s predecessor in interest was void for lack of jurisdiction. The issue presented for the New Mexico Supreme Court was…
Date: July 13, 2023
Docket Number: S-1-SC-38601
Date: July 13, 2023
Citation: 2023-NMSC-018
Docket Number: S-1-SC-38934
Justia Opinion Summary: Defendants Caprock Solar (Caprock) and Swinerton Builders (collectively, Defendants) and Intervenor Quay County (the County) contended that the New Mexico Court of Appeals erred by reversing the district court and…
Date: July 13, 2023
Docket Number: S-1-SC-38934
Date: July 6, 2023
Citation: 2023-NMSC-014
Docket Number: S-1-SC-39057
Justia Opinion Summary: Defendant Michael Romero alleged that his Sixth Amendment right to a fair and impartial jury was violated because one of his jurors revealed during voir dire that he knew the investigator in the case. Defendant did not…
Date: July 6, 2023
Docket Number: S-1-SC-39138
Date: June 22, 2023
Citation: 2023-NMSC-013
Docket Number: S-1-SC-38177
Justia Opinion Summary: A jury convicted Petitioner Mario Rudolfo of first-degree murder under a general verdict. The jury instructions contained two alternative theories for the jury to use as a basis for the first-degree murder conviction:…
Date: June 22, 2023
Citation: 2023-NMSC-016
Docket Number: S-1-SC-38872
Justia Opinion Summary: After Plaintiff’s home sustained water damage in a hailstorm, he asked his insurer Allstate to cover the loss; consequently, Steamatic was hired to perform water abatement and mold remediation services. Plaintiff claimed…
Date: June 22, 2023
Docket Number: S-1-SC-38872
Date: May 22, 2023
Citation: 2023-NMSC-012
Docket Number: S-1-SC-38812
Justia Opinion Summary: Q Link Wireless LLC (Q Link) petitioned the New Mexico Public Regulation Commission (Commission) for designation as an eligible telecommunications carrier (ETC). The designation would have made Q Link eligible to access…
Date: May 22, 2023
Docket Number: S-1-SC-38812
Date: May 22, 2023
Citation: 2023-NMSC-019
Docket Number: S-1-SC-39744
Justia Opinion Summary: The New Mexico Supreme Court explained its reasoning for reversing a district court's denial of the State's motion for pretrial detention of Defendant Joe Anderson. Anderson had been charged with first-degree murder.…
Date: May 1, 2023
Docket Numbers: S-1-SC-38874, S-1-SC-38891, S-1-SC-38911
Date: April 10, 2023
Citation: 2023-NMSC-010
Docket Number: S-1-SC-39546
Justia Opinion Summary: A constitutional amendment proposed by the Legislature and approved by the electorate in the 2020 general election made a number of changes governing the New Mexico Public Regulation Commission (Commission or PRC). Those…
Date: March 30, 2023
Citation: 2023-NMSC-011
Docket Number: S-1-SC-38802
Justia Opinion Summary: The New Mexico Supreme Court addressed whether the tolling provision contained in Rule 7-506.1(D) NMRA of the Rules of Criminal Procedure for the Metropolitan Courts applied to cases dismissed without prejudice by the…
Date: March 16, 2023
Citation: 2023-NMSC-009
Docket Number: S-1-SC-37698
Date: March 13, 2023
Citation: 2023-NMSC-006
Docket Number: S-1-SC-37698
Date: March 13, 2023
Citation: 2023-NMSC-008
Docket Number: S-1-SC-38452
Justia Opinion Summary: Defendant-Appellee Derrick Romero pleaded guilty to second-degree criminal sexual penetration (CSP). In the first judgment and sentence, the district court erred in ordering that Appellee serve two years of parole,…
Date: March 13, 2023
Citation: 2023-NMSC-007
Docket Number: S-1-SC-38713
Justia Opinion Summary: In 2007, two bills addressing the monitoring and parole of convicted sex offenders passed within days of each other and were signed into law on the same day. Defendant Anthony Sena, who pleaded no contest to the offense…
Date: March 6, 2023
Citation: 2023-NMSC-005
Docket Number: S-1-SC-39129
Justia Opinion Summary: Defendant Albert Fernandez appealed his conviction for battery upon a peace officer. The New Mexico Supreme Court granted Defendant’s petition for certiorari review to determine whether: (1) the district court…
Date: February 27, 2023
Citation: 2023-NMSC-004
Docket Number: S-1-SC-38130
Justia Opinion Summary: Defendant Christopher Rodriguez pleaded guilty to felony offenses committed when he was sixteen years old under a plea and disposition agreement, and following an amenability hearing, the district court imposed an adult…
Date: January 12, 2023
Citation: 2023-NMSC-015
Docket Number: S-1-SC-38797
Justia Opinion Summary: Defendant Franklin Begaye was convicted of nonresidential burglary and breaking and entering. He contended these convictions violated his right to be free from double jeopardy. The district court determined that the…
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