Courts

New Mexico Supreme Court Rules On Consequences Of Missed Hearing Deadlines For Sex Offender Parolees

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COURT News:

SANTA FE — Sex offenders on parole are not automatically entitled to immediate release if the state Parole Board fails to meet deadlines for hearings on whether the offender should remain on parole, the New Mexico Supreme Court ruled today.

In a unanimous decision, the Court concluded that the rights to procedural due process for two sex offenders on parole were violated by untimely parole duration review hearings. As a remedy, the Court directed district courts to conduct evidentiary hearings to determine whether the parolees should be released on a writ of habeas corpus or other Read More

Court Affirms Convictions Of Pecos Man For Fatal Shooting

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COURT News:

SANTA FE — The state Supreme Court today affirmed a Pecos man’s convictions for first-degree murder, attempted murder and other charges stemming from a shooting after an argument during a night of drinking.

The Court unanimously rejected Mark Valencia’s argument that the trial court erred in denying his requested jury instruction on whether his level of intoxication prevented him from forming the required criminal intent for willful and deliberate first-degree murder and attempted first-degree murder.

The justices concluded that Valencia’s proposed jury instruction misstated Read More

Los Alamos Police Department Holds Swearing In Ceremony For Three New Officers, One Departmental Promotion

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The Los Alamos Police Department (LAPD) held a swearing-in ceremony Monday in Magistrate Court for three new police officers and the departmental promotion of an officer. New officers from left include Cpl. Tyler Carter, Cpl. Jonathan Knoell and Cpl. Lisa Vialpando, and Theresa Phelan was promoted to Animal Control Supervisor. The Honorable Judge Catherine E. Taylor officiated at the ceremony. Photo by John McHale/ladailypost.com

Los Alamos Magistrate Court Judge Catherine E. Taylor swears in new LAPD Cpl. Tyler Carter during Monday’s ceremony in Magistrate Court. Photo by John McHale/ladailypost.com Read More

Supreme Court To Conduct Rule Of Law Program In Farmington Aug. 28

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COURT News:

SANTA FE — New Mexico’s highest court will convene in Farmington next month for an educational program that allows students to learn about the state’s justice system and how courts resolve disputes.

The state Supreme Court will hear arguments in a civil case for the Rule of Law Program on Aug. 28 at San Juan College in the Henderson Fine Arts Center. This is the fifth year for the program, which provides an opportunity for young people in communities across the state to observe an appellate court proceeding.

Students can attend the hearing in Farmington in person or watch remotely through Read More

New Mexico Supreme Court Rules On Warrantless Search By Police Based On Odor Of Marijuana

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COURT News:

SANTA FE — The smell of marijuana remained a valid basis for police to search a vehicle without a warrant during the time when New Mexico had decriminalized the possession of small amounts of marijuana, the New Mexico Supreme Court ruled Thursday.

Under decriminalization enacted in 2019, New Mexico eliminated jail time for possessing one-half ounce of marijuana or less and instead provided for a fine in a similar fashion as traffic violations. Possession of any amount of marijuana remained illegal, however. Two years later, the state legalized the possession and recreational Read More

Supreme Court Orders Dismissal Of Recall Petition In Rio Arriba County For County Commissioner

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NMSC News:

SANTA FE — The state Supreme Court Wednesday ordered the dismissal of a petition seeking the recall of a Rio Arriba County commissioner.

In a unanimous opinion, the Court concluded that a county resident who filed the petition had failed to establish probable cause that Commissioner Alex Naranjo committed malfeasance or misfeasance in office based on an alleged violation of the state’s Open Meetings Act (OMA). 

A Rio Arriba County man alleged that Naranjo decided in 2023 to install a statue of Spanish conquistador Don Juan de Oñate at the Rio Arriba County government office complex Read More

New Mexico Supreme Court Clarifies State Law Limiting Attorney Fees In Workers’ Compensation Cases

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New Mexico Supreme Court News:

SANTA FE – The New Mexico Supreme Court ruled today that people hurt in a workplace accident may qualify for separate awards of attorney fees for subsequent injuries stemming from their initial injury.

In a unanimous opinion, the Court concluded that a state agency worker was entitled under the Workers’ Compensation Act to recover up to $22,500 in attorney fees – a cap imposed by the law – on other injuries suffered after a slip-and-fall at the workplace. Treatment for the initial injury resulted in multiple surgeries and a brain injury.

The justices ordered a Workers’ Read More

New Rule To Speed Up Resolution Of Criminal Cases In First Judicial District In Los Alamos, Rio Arriba, Santa Fe

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COURT News:

SANTA FE – A court procedural rule to speed up the resolution of criminal cases in Los Alamos, Rio Arriba and Santa Fe counties will take effect for new cases in the First Judicial District Court starting in January.

The implementation date in 2026 provides additional time for courts and judicial partners to prepare for the change.

The state Supreme Court issued an order today to establish the case management pilot program, which provides deadlines for moving all but the most highly complex cases to trial in the district court within seven to 10 months. The rule will not apply to pending Read More

Think New Mexico: Why Is This Dark Money Group Fighting Healthcare Reform?

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By FRED NATHAN JR.
Executive Director
Think New Mexico

Recently the New Mexico Ethics Commission sued a secretive, dark money group calling itself New Mexico Safety Over Profits (NMSOP) for violating state laws that require the disclosure of the source of funds used to influence legislation.

The lawsuit alleges that NMSOP spent tens of thousands of dollars on advertisements opposing medical malpractice reforms designed to center the needs of patients and bring down malpractice premiums for doctors, which are about twice as high in New Mexico as in our surrounding states.

Earlier this year, Read More

FBI: Brothers Sentenced For Violent Assault And Firearm Confrontation On Navajo Nation

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FBI News:

ALBUQUERQUE — Two brothers from Fruitland, New Mexico were sentenced for their roles in a violent assault and subsequent confrontation with law enforcement on the Navajo Nation.

There is no parole in the federal system.

According to court records, March 23, 2024, Justin Tso, 38, and his brother Walliford Tso, 37, enrolled members of the Navajo Nation, went to the residence of John Doe, where Doe lived with his girlfriend and her son. As the brothers were departing the home, Justin took a machete without permission and walked away. John Doe armed himself with an axe and demanded the return Read More