Courts

New Mexico Supreme Court Reverses Conviction For Constitutional Violation Of Right To Counsel

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Post file photo

NM Supreme Court News:

SANTA FE — The New Mexico Supreme Court Thursday invalidated a Hobbs man’s misdemeanor conviction because a magistrate court accepted a no contest plea without providing the defendant with a lawyer as required by the Constitution.

“This case serves as a reminder that fundamental constitutional rights cannot be jettisoned for the sake of judicial efficiency,” the Court unanimously concluded in an opinion written by Justice Barbara J. Vigil. “At every level of our courts, the Constitution must stand as an immovable bulwark to secure the rights of individuals Read More

New Mexico Liquor Sellers Leery Of Proposed Booze Tax

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Daniel Smith buys beer Thursday from Rosalio Merino at Kelly Liquor Barn in Santa Fe. Luis Sánchez Saturno/SFNM

By ROBERT NOTT and TEYA VITU 
SFNM

As J.R. Palermo sees it, the year has been bad enough for restaurants, bars and patrons.

He’s none too happy with a proposed 2 percent excise tax the state could impose on alcohol sales as part of a sweeping liquor law reform bill.

Palermo, the owner of Tiny’s Restaurant & Lounge, a fixture in Santa Fe since 1950, has been an outspoken critic of New Mexico legislators’ efforts to overhaul what many people call an outdated and cost-prohibitive Read More

FBI: Navajo Man Gets Two Years In Prison For Abusing Child

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FBI News:

ALBUQUERQUE — Wilson Davis, 25, an enrolled member of the Navajo Nation, was sentenced Feb. 23 in federal court to two years in prison for sexually abusing a child in Indian Country.

Upon completion of his prison sentence, Davis will be subject to five years of supervised release and will be required to register as a sex offender.

Davis pleaded guilty to the offense Oct. 22, 2020. In his plea agreement, Davis admitted to engaging in sexual activity with the victim, who he knew was a minor. At the time of the abuse, the victim was younger than 16 years old. Davis committed the offense in McKinley Read More

House Speaker Files Motion To Dismiss Ethics Complaint

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Staff Report
Santa Fe New Mexican

Attorneys for House Speaker Brian Egolf submitted a motion Friday to dismiss an ethics complaint filed by a retired judge who claimed the Santa Fe Democrat stands to benefit if the New Mexico Civil Rights Act becomes law.

Egolf’s 24-page motion argues the complaint — filed earlier this month with the state Ethics Commission by former Judge Sandra Price, who served 12 years on the bench in the 11th Judicial District — should be dismissed because it is frivolous and unsubstantiated, and also doesn’t state a “claim upon which relief can be granted.” Read More

New Mexico House Speaker Brian Egolf Issues Statement On His Motion To Dismiss Ethics Complaint Filed Against Him  

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House Speaker Brian Egolf

From the Office of the Speaker:

SANTA FE – Today, Speaker of the New Mexico House of Representatives Brian Egolf submitted a motion to dismiss a recent ethics complaint.

“I have filed a motion to dismiss the complaint filed in the State Ethics Commission. The motion demonstrates that the complaint is frivolous, lacks a good faith basis, and fails to state a claim upon which relief can be granted. I look forward to the Commission’s decision in this matter.”

Retired Court of Appeals Judge Linda Vanzi and Andrew Schultz have entered their appearance on behalf of Speaker Read More

Op-ed: New Mexico Supreme Court Justice David K. Thomson On Judicial Program For Schools

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Justice David K. Thomson outlines an educational program the Supreme Court is launching in March to help students learn about the justice system. Courtesy/NMSC

By Justice David K. Thomson
New Mexico Supreme Court

As I drive to work, past the barricades and the fencing surrounding the New Mexico Roundhouse, I think how it informs public perception about our democratic process and understanding of the “rule of law.” Equally important is how the “rule of law” is required to maintain a civil and democratic society.

The “rule of law” is an evasive notion, transformed into a purely aspirational concept. Read More

Supreme Court Rejects New Trial For Defendant Who Sought To Introduce Genetic Predisposition To Violence Evidence

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NMSC News:

SANTA FE — The New Mexico Supreme Court (NMSC) Thursday upheld the second-degree murder conviction of Anthony Blas Yepez for the death of an elderly Santa Fe man in 2012.

In a unanimous decision, the state’s highest court concluded that a trial court judge properly excluded evidence about Yepez’s alleged genetic predisposition to impulsive violence. The justices rejected the defendant’s request for a new trial.

Yepez was charged with first-degree murder, but a jury convicted him in 2015 of second-degree murder for the death of 75-year-old George Ortiz, evidence tampering and Read More

Attorney General Hector Balderas Files Suit Against Manufacturers Of Antiretroviral HIV/AIDS Treatment Drugs

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Attorney General Hector Balderas

From the Office of the Attorney General:

Santa Fe — Attorney General Balderas today filed a lawsuit in the First Judicial District Court of New Mexico against Gilead Sciences, Inc., Bristol-Myers Squibb, Gilead Sciences, LLC, and Teva Pharmaceuticals USA, Inc., for violating the New Mexico Antitrust Act and New Mexico Unfair Practices Act.

The lawsuit stems from the development, marketing, and manufacturing of several antiretroviral medications used in the prevention and treatment of Human Immunodeficiency Virus (“HIV”) – a disease which, if left untreated, Read More

FBI: Albuquerque Man Gets 3.8 Years For Gun Possession

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FBI News:

ALBUQUERQUE — Robert Alderete, 32, of Albuquerque, was sentenced in federal court in Albuquerque Feb. 18 to three years and eight months in prison for being a felon in possession of a firearm and ammunition.

According to public court documents, Alderete was driving recklessly in Albuquerque Dec. 4, 2019, when a deputy stopped him. During the search of Alderete’s vehicle, the deputy discovered a semi-automatic rifle with a high-capacity magazine and anxiety pills.

Upon completion of his prison sentence, Alderete will be subject to three years of supervised release.

The FBI Violent Read More

Los Alamos Man Charged With 27 Counts Related To Abuse Of A Child Under 13 Years Of Age

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Michael A. Novak

Staff Report

A warrant was issued Jan. 20 for Michael A. Novak, 60, of Los Alamos, wanted for rape of a child under 13, according to court documents obtained by the Los Alamos Daily Post.

The alleged crimes occurred Jan. 17-18. Los Alamos police arrested Novak in the afternoon of Jan. 20 at his apartment on Yucca Street. He was later released from jail after the District Attorney declined to request he remain in custody pending trial.

Novak is charged with 27 counts including:

  • 12 counts of criminal sexual penetration (child under 13) (1st Degree);
  • 12 counts of criminal sexual penetration
Read More