Courts

NM Supreme Court Affirms Convictions In Double Murder; Adopts New Standard For Eyewitness Identification Evidence

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NMSC News:

SANTA FE — The New Mexico Supreme Court (NMSC), in a unanimous opinion by Chief Justice Michael E. Vigil, Thursday affirmed a man’s convictions for killing two Santa Fe teenagers and adopted a new standard for determining whether eyewitness identification of a criminal suspect will be admitted as evidence at trial.

New Mexico’s highest court adopted a “per se exclusionary rule” that will preclude the admission of eyewitness identifications produced by “unnecessarily suggestive” police procedures. No other state has a comprehensive evidentiary standard for eyewitness identifications Read More

New Mexico Supreme Court Rules Third-offense Misdemeanor Domestic Violence Convictions Subject To Enhanced Sentencing

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New Mexico Supreme Court News:

SANTA FE – A sentencing enhancement for habitual offenders applies to a third conviction of misdemeanor domestic violence, the state Supreme Court ruled today.

In a unanimous decision, the Court affirmed the sentence of an Alamogordo man, James Barela, who pleaded no contest in 2015 to battery against a household member. Because it was his third misdemeanor domestic violence conviction, a state law elevated the offense to a fourth-degree felony — making it punishable by 18 months in prison rather than up to 364 days in jail for a misdemeanor.

Barela received a Read More

Department Of Justice Awards $96 Million To Fund Specialized Drug And Veterans Treatment Courts

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DOJ News:

WASHINGTON, D.C. — The Department of Justice’s Office of Justice Programs today announced that it has awarded more than $96 million to fund specialized drug courts and veterans treatment courts.

These courts provide treatment instead of detention for nonviolent juveniles, veterans and adults who have been criminally charged and who have a substance use disorder.

The awards are part of more than $340 million in OJP grants awarded in October to fight America’s addiction crisis.

“My years interacting with drug-involved offenders as a state judge gave personal validation to the findings Read More

New Mexico Supreme Court Reinstates Spousal Communications Privilege And Orders Study Of Issue

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NM Supreme Court News:

SANTA FE — The state Supreme Court reinstated a prohibition against court testimony about private conversations between a husband and wife, and ordered a study of the evidentiary issue through its rule-making process.

The Court had abolished the spousal communications privilege in a decision issued Aug. 30, 2019, which upheld the murder conviction of a Clovis man.

The defendant, David Gutierrez II, asked for a rehearing in the case and a divided Court partly granted the motion June 26, 2020. The sole issue on rehearing was whether the opinions of attorneys, judges, other Read More

Suspect Wanted In New Mexico Homicide Arrested In Florida

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Candy Jo Webb

NMSP News:

FORT SUMNER — Around 1:30 p.m., Thursday, Oct. 15, 2020, the De Baca County Sheriff’s Office was dispatched to 1976 Shenandoah Dr., in Fort Sumner, for human remains located in a Ranch Supply tool chest on the property.

The New Mexico State Police Investigations Bureau was called to investigate this homicide. State Police agents worked closely with the Office of the Medical Examiners and learned the identity of the victim as AJ Harden of Fort Sumner. 

Through an extensive investigation, State Police agents were able to identify a suspect in Harden’s murder. Agents learned Read More

AG Balderas Announces Maximum 30-Year Prison Sentence For Man Who Molested 7-Year-Old Granddaughter

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Attorney General Hector Balderas

AG News:

ALBUQUERQUE — Attorney General Hector Balderas announced Thursday that Francisco Saucedo was sentenced by Thirteenth Judicial District Court Judge Christopher Pérez to 30 years in prison, the maximum amount of time allowable, for distributing, manufacturing, and possessing child exploitation materials as well as committing sexual acts and voyuerism against his granddaughter.

In 2017, investigators with the Office of the Attorney General became aware that Saucedo downloaded and copied numerous digital files of child exploitation materials, Read More

New Mexico Environment Department Settles Air Enforcement Case, Includes $950,000 Civil Penalty

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NMED News:

CCI San Juan cited for illegally emitting more than 1.6 million pounds of pollutants

SANTA FE — The New Mexico Environment Department (NMED) entered into a settlement agreement and stipulated final compliance order with CCI San Juan, LLC (CCI) to resolve alleged statutory, regulatory, and permit violations at the company’s San Juan River Gas Plant near Farmington.

CCI was cited for illegally emitting more than 1.6 million pounds of pollutants, including hydrogen sulfide, sulfur dioxide, carbon monoxide, nitrogen oxides, and volatile organic compounds between October 2016 Read More

New Mexico State Police Officer Involved In Shooting On Interstate 25 In Sierra County

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NMSP News:

SIERRA COUNTY – At approximately 10:45 p.m. Tuesday, Oct.  20, New Mexico State Police (NMSP) officers were requested by the United States Border Patrol for assistance in apprehending a male subject driving a black passenger car that had fled from the U.S Border Patrol checkpoint on Interstate 25 near milepost 26 north of Las Cruces.

In an attempt to safely stop the fleeing vehicle, a NMSP officer and a Sierra County Sheriff’s deputy deployed a tire deflation device near milepost 68 on I-25. The male driver, identified as Armando Almaraz Jr., 25, of Las Cruces, drove his vehicle over Read More

New Mexico Supreme Court Issues Affirmative Opinion On State’s Authority To Enforce Public Health Orders

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NM Supreme News:

SANTA FE – The Legislature has authorized state officials to impose civil administrative penalties to enforce public health emergency orders restricting business operations, the New Mexico Supreme Court concluded in an opinion issued Thursday.

The Court’s unanimous written opinion provides the detailed legal reasoning for an oral decision issued from the bench in August following a hearing in which attorneys presented arguments to the justices.

A group of businesses had filed a lawsuit in district court challenging emergency health orders issued during the COVID-19 Read More

AFT New Mexico Wins Victory Against Abusive Teacher Recruiter Agency ‘Total Teaching Solutions International’

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AFT New Mexico News:

CARRIZOZO –  AFT New Mexico and its former member Analyn Catli won the dismissal of a lawsuit Oct. 29, brought by infamous New Mexico teacher recruiter agency Total Teaching Solutions International (TTSI), based in Lincoln County.

AFT NM supported Catli and other victims of TTSI’s practices, by providing her with legal counsel during her trial.

TTSI is known to charge excessive recruitment fees to teachers in the Philippines as part of a process of bringing these teachers to the United States to teach in New Mexico’s public school districts. TTSI’s lawsuit against Catli Read More