Courts

New Mexico Supreme Court Rules On State Constitutional Privacy Protections For Banking Records

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NMSC News:

SANTA FE — The New Mexico Supreme Court ruled Friday that prosecutors can obtain a person’s banking records using a warrantless grand jury subpoena without violating the individual’s right to privacy under the New Mexico Constitution.

In a unanimous decision, the justices concluded that a district court properly allowed the use of five years of personal financial records as evidence in a pending criminal case against a Taos couple, Ismael and Angela Adame, facing charges of tax evasion and other financially related offenses. 

The Court rejected the Adames’ argument that the New Read More

Governor Appoints Jane Yohalem To NM Court Of Appeals

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Jane Yohalem

SANTA FE – Gov. Michelle Lujan Grisham has appointed attorney Jane Yohalem, who has 44 years of experience in appellate law, to the New Mexico Court of Appeals.

Yohalem, who has a private practice in Santa Fe, will succeed Judge Linda Vanzi, who retired effective May 29.

Yohalem specializes in appeals and complex civil litigation and is a fellow of the American Academy of Appellate Lawyers.

She is a 1975 graduate of Columbia University Law School and earned a master of laws degree from Georgetown in 1976. She spent the first decade of her career with the Mental Health Law Project in Washington, Read More

Los Alamos Police Blotter: June 10 To June 16, 2020

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LAPD News:

The following information is provided by the Los Alamos Police Department.

Neither arrests nor charges indicate a conviction, and neither means that a person is guilty of the charges filed against them.

 

MARK D. HENINS

June 10 at 11:26 a.m. / Police arrested Mark D. Hennis, 53, of Los Alamos at 2500 Trinity Dr., on an outstanding Municipal Court warrant.

 

 

 

 

JAMES DANIEL LUJAN

June 11 at 12 a.m. / Police arrested James Daniel Lujan, 59, of Española on 1410 North Paseo De Ornate and charged him with harboring or aiding a felon and bribery/intimidation/retaliation Read More

New Mexico Supreme Court Establishes Plea Deadline Before Start Of Trials And Jury Selection

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NMSC News:

SANTA FE — The state Supreme Court Tuesday issued an order requiring plea and settlement agreements no later than five days before the selection of a jury or the start of a non-jury trial before a judge in a criminal or civil case.

 “As our courts are resuming jury trials, this deadline will help protect the health and safety of New Mexicans by eliminating last-minute pleas and settlements after prospective jurors, witnesses, court personnel and other people have gathered in a courthouse anticipating the start of a trial,” Chief Justice Judith K. Nakamura said. 

The plea and settlement Read More

New Mexico Supreme Court Denies Petition To Allow Public Entrance Into Legislature For Special Session

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Chief Justice Judith Nakamura

By MICHAEL GERSTEIN
SFNM

The future has a way of being unimaginable.

The framers of New Mexico’s 1911 constitution might never have predicted the general public and lobbyists would ever have to watch democracy in action from outside the state Capitol, as the New Mexico Supreme Court ruled today that they would in a 3-2 decision.

Chief Justice Judith Nakamura described the ruling as a difficult one to make, but nonetheless concurred with Justices Barbara Vigil and Michael Vigil in denying a petition by several lawmakers to open the Roundhouse to the public Read More

FBI: Craig M. Young Sentenced To 71 Months In Prison In $11 Million Ayudando Guardians Financial Fraud Scheme

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FBI News:

ALBUQUERQUE — A federal judge in Santa Fe, New Mexico sentenced Craig M. Young, 55, of Albuquerque to 71 months in federal prison Monday for conspiracy and conspiracy to commit money laundering in connection with the operation of Ayudando Guardians, Inc., a non-profit corporation based in Albuquerque that previously provided guardianship, conservatorship, and financial management to hundreds of people with special needs.

Young pleaded guilty Nov. 12, 2019. In his plea agreement, he admitted committing these crimes while employed as a guardian for Ayudando.

Young used a business Read More

New Mexico Supreme Court Oral Argument In Legislative Special Session Case About Public Access 1:30 P.M. Today

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New Mexico Supreme Court hears oral argument at 1:30 p.m. today in a case concerning public access to the Capitol during this week’s legislative special session. Courtesy/NMSC

From the Administrative Office of the Courts:

SANTA FE – A live stream is available today of the New Mexico Supreme Court oral argument in a case concerning public access to the Capitol during this week’s legislative special session.

The hearing begins at 1:30 p.m. and can be viewed on the YouTube channel of New Mexico PBS. Click here.

The case is Pirtle v. Legislative Council, No. S-1-SC-38356. Read More

New Mexico Superintendent Of Insurance Commits To Protecting Civil Rights In Health Care

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OSI News:

The U.S. Department of Health and Human Services issued revised regulations Friday rolling back historic health care protections for transgender persons linked to Affordable Care Act.

Section 1557 of the ACA enshrined essential nondiscrimination protections for people who are discriminated against on the basis of race, color, national origin, sex, age, or disability in health care programs that receive federal funds.

Rules issued under the Obama administration interpreted Section 1557 to prohibit health care practitioners and insurers from discriminating against transgender Read More

FBI: Previously Convicted Felon From Albuquerque Pleads Guilty To Federal Drug And Firearm Charges

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FBI News:

ALBUQUERQUE — Selmonio Davis, 34, of Albuquerque pleaded guilty June 11 in Federal Court in Albuquerque to possession with intent to distribute methamphetamine, being a felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.

According to his plea agreement, Davis possessed methamphetamine, heroin, and cocaine at his apartment when police executed a search warrant at the location June 6, 2019. 

Davis also possessed other materials and drug paraphernalia to assist him in preparing the drugs for distribution.

Davis also possessed Read More

Bacon: Now More Than Ever, Justice For All

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By Justice Shannon Bacon
New Mexico Supreme Court

Here in New Mexico, as across the nation, the economic effects of COVID-19 are making a significant impact on the people of our state, and the results could be particularly damaging for vulnerable New Mexicans.

As the economic downturn continues to haunt us, people are suffering.

History tells us that when people feel the effects of a downturn, it leads to legal problems, such as evictions, foreclosures, debt collections, loss of benefits, and a rise in domestic violence.

With the COVID-19 pandemic creating high unemployment and a slow comeback Read More