Courts

New Mexico Supreme Court Rules Gasoline Stations May Be Liable For Selling Fuel To Intoxicated Drivers

The State Supreme Court rules today that gasoline stations in New Mexico have a legal obligation not to sell fuel to a driver the retailer ‘knows or has reason to know’ is intoxicated. Post file photo

New Mexico Supreme Court News:

SANTA FE – Gasoline stations in New Mexico have a legal obligation not to sell fuel to a driver the retailer “knows or has reason to know” is intoxicated, the state Supreme Court ruled today.

Under the divided decision by the state’s highest court, commercial gasoline vendors may be liable for negligently supplying gasoline to a drunken driver who injured other people. Read More

FBI: Albuquerque Couple Sentenced To Prison For Crimes Committed In Connection With Ayudando Guardians Case

FBI News:

ALBUQUERQUE — Susan K. Harris, 74, and William S. Harris, 60, both of Albuquerque, were sentenced Friday in Federal Court for conspiracy to defraud the United States and other financial crimes committed in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation that previously provided guardianship, conservatorship and financial management to hundreds of people with special needs.

Susan Harris was sentenced to 47 years in prison, followed by three years of supervised release. William Harris was sentenced to 15 years in prison, followed by three Read More

New Mexico State Police Arrest Los Lunas High School Coach Johnathon Bindues For Child Exploitation

Johnathon M. Bindues

NMSP News:

Valencia County – The New Mexico State Police Investigations Bureau was called Friday to investigate the sexual exploitation of a child case between an adult male and a 15-year-old female in Los Lunas.

During the investigation, State Police agents learned that between June 13-15, 2021, a parent discovered her 15-year-old daughter had been sexually communicating via cellphone through text messages, videos and photos with a male, identified as Johnathon M. Bindues, 30, of Los Lunas, who is the girls’ track and basketball coach at the Los Lunas High School.

Agents Read More

Governor Appoints Briana Zamora To NM Supreme Court

Justice Briana H. Zamora 

From the Office of the Governor:

SANTA FE — Gov. Michelle Lujan Grisham has appointed Briana H. Zamora of the New Mexico Court of Appeals to the state Supreme Court, closing the vacancy left by the Honorable Justice Barbara J. Vigil, who retired.

“Judge Zamora is an experienced jurist of the highest caliber with the kind of incredible work ethic mandatory for those who would serve on our state’s highest court,” Gov. Lujan Grisham said. “Her judicial experience, particularly on the appellate court, will serve her well in her new role, and New Mexicans can expect her to Read More

Governor Appoints Elaine P. Lujan To 2nd Judicial District

Judge Elaine P. Lujan 

From the Office of the Governor:

SANTA FE — Gov. Michelle Lujan Grisham has announced the appointment of Elaine P. Lujan to fill a judgeship vacancy on the Second Judicial District Court.

Judge Lujan will replace Judge Clay Campbell, who has retired.

Lujan has served as an attorney associate in the civil division of the Second Judicial District Court since 2012, conducting legal research and analysis and making recommendations to civil judges on substantive, procedural and evidentiary law. Prior to that, Lujan worked in the state Attorney General’s Office.

Lujan attended Read More

Bureau Of Justice Statistics: U.S. Attorneys Investigate More Than 1,800 Hate Crime Suspects Between 2005 And 2019

DOJ News:

WASHINGTON, D.C. — U.S. attorneys investigated 1,864 suspects in matters involving violations of federal hate crime statutes during fiscal years 2005 to 2019, the Bureau of Justice Statistics announced Wednesday. Hate crime suspects were referred for prosecution to U.S. attorneys from federal judicial districts in all 50 states.

Hate crimes are defined according to four statutes in the U.S. Criminal Code and collected by federal justice agencies. These include crimes in which the perpetrator selected the victim based on certain characteristics, such as race, color, religion Read More

More New Mexico Court Proceedings To Be Conducted In-Person Under Supreme Court Order

NMSC News:

SANTA FE — Under a New Mexico Supreme Court (NMSC) order, state courts are expanding the proceedings that will be conducted in-person as the New Mexico judicial branch of government continues to operate with public health precautions to protect the well-being of the public.

Except for jury trials, courts have conducted most proceedings since last year using audio-visual conferencing to eliminate the need for attorneys and litigants to enter a courthouse.

“State courts safely remained open throughout the COVID-19 pandemic to ensure critical justice services were available Read More

Federal Judge Orders NMDoT To Issue Permits For Areas With Little Or No Broadband Internet Access

NMSurf News:

The Federal District Court of New Mexico has issued a preliminary injunction against NMDoT, ordering them to issue two right­of­way permits to NMSurf, Inc., a local Telecom and Fixed Wireless Provider.

NMSurf applied for two public right­of­way permits within NMDoT’s jurisdiction for the placement of two utility poles for the purpose of providing broadband and telecom services in areas where there is little or no broadband.

These specific areas are the East Mountains and south of the City of Santa Fe.

NMDoT wrongfully and hastily denied NMSurf’s, applications for access on Read More

Former CYFD Employees File Whistleblower Protection Lawsuit Against CYFD, Cabinet Secretary Brian Blalock, And Deputy Cabinet Secretary Terry Locke

From the Office of Davis & Gilchrist, P.C.:

The the Office of Davis & Gilchrist, P.C. announced Friday that a new lawsuit alleges that Debra and Cliff W. Gilmore were unlawfully terminated by the New Mexico’s Children, Youth and Families Department (CYFD), CYFD Secretary Brian Blalock, and CYFD Deputy Secretary Terry Locke.

Debra and Cliff Gilmore raised legitimate concerns about several ethical issues within the Department, including:

  • CYFD’s use of the Signal text messaging application at the direction of Sec. Blalock and Dep. Sec. Locke for official CYFD communication with
Read More

AG Hector Balderas Announces Conviction Of Albuquerque Man On 25 Counts Related To Abuse Of Children

Attorney General Hector Balderas

From the Office of the Attorney General:

…Jordan Padilla faces more than 270 years of potential incarceration…

ALBUQUERQUE — New Mexico Attorney General Hector Balderas announced Friday that Jordan Padilla was convicted on 25 felony counts, including charges of criminal sexual penetration of a child under 13 years of age, solicitation to commit criminal sexual penetration of a minor under 13 years of age, criminal sexual contact of a minor under 13 years of age, false imprisonment, contributing to the delinquency of a minor and sexual exploitation Read More