Courts

State Supreme Court Opinion On Partisan Gerrymandering

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NMSC News:

SANTA FE — The New Mexico Supreme Court Friday issued an opinion providing additional guidance to a trial court for resolving a partisan gerrymandering challenge to New Mexico’s congressional districts.

The Court’s unanimous opinion provides the legal reasoning for an order by the justices in August that allowed a congressional redistricting lawsuit to move forward to trial to determine whether alleged partisan gerrymandering violated rights protected by New Mexico’s Constitution. 

The lawsuit contends that boundaries of New Mexico’s three congressional districts were Read More

Safe Surrender Event In Taos Sept. 29-30

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NMSC News:

TAOS — People with outstanding bench warrants from any magistrate court in New Mexico can safely surrender 1:30-7 p.m. Friday, Sept. 29 and 8 a.m. to 5 p.m. Saturday, Sept. 30 at the Taos County Magistrate Court, 105 Albright St., Suite M in Taos.

“Safe Surrender events are a great way for people throughout the state to come to the courthouse to work on a solution,” said Director Artie Pepin of the Administrative Office of the Courts. “This year alone, judges have seen more than 150 people and a total of 689 warrants have been cancelled during these events.”

The safe surrender event provides Read More

Court Gives City Of Albuquerque Six Weeks To Comply With Order Protecting The Legal Rights Of The Unhoused

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City of Albuquerque employees destroying Sonja Garcia’s and other unhoused people’s property near Carlisle and Candelaria Dec. 6, 2022 in Albuquerque. Photo by Sonja Garcia

ACLU News:

ALBUQUERQUE — A Bernalillo County District Court judge issued a preliminary ruling Thursday giving the City of Albuquerque six weeks to change city practices that punish unhoused people for their presence with their belongings outdoors on public property.

The court’s order will go into effect Nov. 1, 2023, and will prevent the City of Albuquerque from violating the constitutional rights of unhoused people Read More

New Mexico Supreme Court Stresses Importance Of Creating An Adequate Record To Justify Warrantless Search

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New Mexico Supreme Court News:

SANTA FE — The New Mexico Supreme Court today overturned a Clovis woman’s drug possession conviction because a warrantless search of her purse by police violated constitutional protections against unreasonable searches.

In a unanimous opinion, the Court reminded prosecutors and district courts of “their obligations to make a sufficient record when considering the propriety of warrantless searches and when taking judicial notice” of facts in a case.

The Court ordered the case back to the district court in Curry County to vacate Kaylee Ortiz’s felony conviction Read More

Community Conversations Presents: ‘Fentanyl Awareness – Overdose Recognition & Response’ Online Training Sept. 27

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COMMUNITY News:

The community is invited to attend an online webinar to learn about fentanyl overdose recognition and response 6-7:30 p.m. Wednesday, Sept. 27.

This event, with Bernie Lieving, the statewide overdose prevention education coordinator, will discuss myths vs. facts of fentanyl, signs of substance abuse and addiction and your rights as a responder.

No prior registration is required to attend.

Community members who would like to have NARCAN® naloxone nasal spray can pick up the product for free from the Social Services Office (1183 Diamond Dr. # E) or Municipal Court (2500 Trinity Read More

FBI: Torreon Man To Spend 4 Years In Prison For Assault

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FBI News:

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced Thursday that Monty Joe Montoya, 43, of Torreon, and an enrolled member of the Navajo Nation, was sentenced to four years in prison. Montoya pled guilty to assault resulting in serious bodily injury March 31, 2023.

According to court documents, March 15, 2022, Montoya hit his girlfriend, Jane Doe, an enrolled member of the Navajo Nation, in the head and face multiple times Read More

New Mexico Governor Issues Statement Following Today’s Court Decision On Gun Violence Public Health Order

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From the Office of the Governor: 

SANTA FE – Gov. Michelle Lujan Grisham issued a statement following the court’s issuance of a temporary restraining order today regarding certain provisions of the public health order on gun violence:

“Today a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state, particularly involving the deaths of children. 

“I refuse to be resigned to the status quo. As governor, I see the pain of families who lost their loved ones to gun violence every single day, and I will never stop fighting Read More

New National Public Defense Workload Standards Released

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LOPD News:

ALBUQUERQUE — Tuesday’s release of the National Public Defense Workload Study updates case and workload limits from the 1970s for today’s legal world.

The new study reinforces what public defenders have long been saying: public defenders across the county — including those in New Mexico — have far more clients than they can ethically represent, resulting in serious consequences for clients, communities and the people who work in the court system.

“Today’s report is a stark reminder that the criminal court system in New Mexico is unsustainable in its reliance on overburdened public Read More

FBI: Zuni Man Gets 10 Years In Prison For Firearm Offenses

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FBI News:

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Nicholas Pinto was sentenced to 10 years in prison.

Pinto, 24, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, pled guilty to assault with a dangerous weapon resulting in serious bodily injury and discharging a firearm during a crime of violence in Indian Country July 10, 2023.

According to court documents, Sept. 18, 2022, Pinto and another individual arrived at John Doe’s house. Read More

FBI: Shiprock Man Gets 3 Years For Involuntary Manslaughter

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FBI News:

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, have announced that Keanu Marcel Upshaw was sentenced to 37 months in prison.

Upshaw, 22, of Shiprock and an enrolled member of the Navajo Nation, pleaded guilty to involuntary manslaughter April 6, 2023.

According to court documents, Sept. 16, 2021, following a night of drinking, Upshaw lost control of the vehicle he was driving as he was attempting to take another drink of alcohol, causing it to crash and ejecting Read More