Courts

HB 5 Seeking To Change Pretrial Detention Passes House Government, Elections & Indian Affairs Committee With Bipartisan Support

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The Roundhouse in Santa Fe. Post file photo

STATE News:

SANTA FE — House Bill 5, which would make changes to pretrial detention that aim to reduce violent crime in New Mexico, passed the House Government, Elections and Indian Affairs Committee with bipartisan support by a vote of 7-2. 

This bill would prevent individuals charged with violent felonies from causing more harm in their communities while awaiting trial, by requiring suspects accused of murder, gun crimes, rape or other sex crimes to prove to a judge that they are safe to be released until trial.

HB 5 is targeted and narrowly tailored Read More

Bill In New Mexico Legislature Would Prosecute Parents For Allowing Kids Access To Guns

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A bill named for Bennie Hargrove, who was shot dead last year at age 13 at his Albuquerque school, would make it illegal for a gun owner to allow a minor unauthorized access to their weapon. Courtesy photo

By Phaedra Haywood
The Santa Fe New Mexican

The August shooting death of an Albuquerque 13-year-old by one of his schoolmates has prompted a bill before the Legislature aimed at holding gun owners accountable if their weapons fall into the hands of children.

The Bennie Hargrove Gun Safety Act, named after the student killed in the shooting at his downtown Albuquerque school, would make it illegal Read More

Luján: On Retirement Of Supreme Court Justice Breyer

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U.S. Sen. Ben Ray Luján

U.S. SENATE News:

NAMBE — U.S. Sen. Ben Ray Luján (D-N.M.) issued the following statement on the retirement of U.S. Supreme Court Justice Stephen Breyer:

“Justice Stephen Breyer served for nearly three decades on the nation’s highest court. During his tenure on the Supreme Court, he garnered a reputation as a fair and even-minded justice.

“He leaves behind a grateful nation, and I wish him nothing but a joy-filled retirement with his wife, children, and grandchildren.

“I urge the Senate to move swiftly in confirming a new Supreme Court justice that reflects the full diversity Read More

FBI: Santa Fe Duo Appears In Court On Firearm, Conspiracy, Drug Trafficking Charges … Face 10 Years To Life

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FBI News:

ALBUQUERQUE — Werni Lopez-Perez, 25, and Mario Guizar-Anchondo, 19, both of Santa Fe, made an initial appearance Jan. 25 in federal court.

The duo face charges of conspiracy, possession with the intent to distribute 400 grams and more of fentanyl, possession with the intent to distribute 500 grams and more of a mixture and substance containing methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.

They will remain in custody pending an arraignment and detention hearing scheduled for today.

Lopez-Perez and Guizar-Anchondo were indicted Jan. 11. According Read More

Debate Heats Up In Legislature Over Pretrial Detention

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The Roundhouse in Santa Fe. Post file photo

By ROBERT NOTT
Santa Fe New Mexican

Jennifer Burrill, a public defender in Santa Fe, said she represented a client in recent years who was jailed for 11 months on a charge of attempted armed robbery until his trial — when jurors acquitted him.

“He’s out 11 months of his life,” she said in an interview Monday. “He didn’t have contact with his child for 11 months. He was in jail during COVID for 11 months.”

Burrill, who is president-elect of the New Mexico Criminal Defense Lawyers Association, is a critic of House Bill 5, lauded by the governor and some lawmakers Read More

FBI: Mexican National In Court To Face Carjacking Charge

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FBI News:

ALBUQUERQUE — Jesus Manuel Castaneda-Villa, 31, of Mexico, made an initial appearance in federal court today, facing charges of carjacking and carrying, using, or possessing a firearm during, in relation to or in furtherance of a crime of violence.

Castaneda-Villa remains in custody pending a preliminary and detention hearing scheduled for Jan. 26.

According to a criminal complaint, the victim allegedly met with Castaneda-Villa, her ex-boyfriend, in a hotel in Las Cruces. After the two began to argue, Castaneda-Villa allegedly threatened the victim and threw a toolbox at her. Read More

State Bar Of New Mexico Offers Free Estate Planning, Probate And Institutional Medicaid Workshop

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State Bar of New Mexico News:

ALBUQUERQUE — A free workshop presented by the Legal Resources for the Elderly Program, Estate Planning, Probate and Institutional Medicaid, will be held at 11 a.m. Jan. 31, via video and teleconference.

This presentation will cover information regarding debt problems, such as what happens if a person can’t pay their debts, what actions debt collectors can take, and what action a person may take if they are sued for a debt that they owe.

To register, call 505.797.6005 to receive the registration link, or register directly by clicking here. 

About The State Read More

Study Finds New Mexico Public Defenders Office Needs 67 Percent More Lawyers To Be ‘Effective’

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Public Defender Commission Chairman Thomas J. Clear III

By PHAEDRA HAYWOOD
The Santa Fe New Mexican

The state agency that provides legal representation for indigent defendants is drastically understaffed, according to a recently released study, which says the Law Offices of the Public Defender needs 67 percent more lawyers that it has to provide “reasonably effective assistance of counsel” as guaranteed by the U.S. Constitution.

That’s 602 more attorneys — more than double the 295 the agency currently has.

“It frightening,” Public Defender Commission Chairman Thomas J. Clear Read More

New Mexico Republican Party Files Lawsuit Alleging New Congressional Redistricting Map Is Political Gerrymandering

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By ROBERT NOTT
Santa Fe New Mexican

The Republican Party of New Mexico and six other plaintiffs filed a lawsuit Friday in the 5th Judicial District Court alleging a new map of the state’s three congressional districts, approved last month by the heavily Democratic Legislature, is “a political gerrymander” that weakens the voting power of residents in southeastern communities.

The suit says legislators “ran roughshod” over traditional redistricting methods to give Democrats an advantage.

Communities of interest were split around the state, according to the suit, but particularly in the Read More

FBI: Santa Fe Man Facing Federal Firearms Charges After Shooting Incident

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FBI News:

ALBUQUERQUE — Gilbert Michael Coriz, 35, of Santa Fe appeared in federal court Jan. 19 for a detention hearing on a charge of being a felon in possession of firearms and ammunition. Coriz will remain in custody pending trial.

Coriz was indicted Dec. 8, 2021, and arraigned Jan. 18, 2021. According to the indictment and other court records, Jan. 1, 2021, law enforcement responded to a report of shots fired at a residence on Camino Capitan. After obtaining a search warrant, officers cleared and searched the residence and found Coriz allegedly hiding in a water heater closet in the garage. Read More