New Mexico Supreme Court

The New Mexico Supreme Court affirmed the district court’s order suppressing all statements made by Defendant Alexee Trevizo to her physician, holding that the physician‑patient privilege was not waived and that the mandatory reporting statute creates only a narrow exception.

The New Mexico Supreme Court held that Sergeant Railey had reasonable suspicion to seize James Morgan based on dispatch information, the observed loud altercation, the apparent restraint of Morgan, and Morgan's flight.

The Court held that Defendant preserved his challenge to Juror 6, whose voir dire statements collectively demonstrated actual bias favoring law enforcement and undermined the presumption of innocence.

The Court upheld the Commission’s procedures and permanent removal of the magistrate judge. It held that the Commission had broad discretion to conduct the disciplinary hearing itself rather than appoint masters, and that combining investigative and adjudicative functions does not violate due process absent…

The Court held that the evidence did not support a finding that Trujillo actually deliberated before killing Samuel, reversed the first-degree murder conviction, and directed entry of judgment for second-degree murder.

The Court affirmed De La O’s convictions, concluding that the jury instructions, read as a whole, did not amount to fundamental error and that sufficient evidence supported both deliberate murder and evidence tampering.

The Court held that the first three speedy-trial factors weighed heavily against the State: the delay exceeded three years, the State's prolonged inaction constituted bureaucratic indifference, and Defendant repeatedly asserted his right.

The New Mexico Supreme Court affirmed suppression of firearm evidence obtained during a warrantless automobile search in Texas. It held that Article II, Section 10 of the New Mexico Constitution governs the admissibility in New Mexico courts of evidence obtained by out-of-state officers in violation of that provision…

The Court affirmed Garcia’s convictions and sentence, concluding that sufficient evidence supported depraved mind murder and that the district court acted within its discretion in denying a venue change and admitting evidence of a prior shooting.

The New Mexico Supreme Court held that NMSA 1978 §31-21-10.1 imposes sex offender parole at sentencing and does not require a prior prison term, reversed the district court’s grant of habeas relief, and remanded for proceedings consistent with that holding.

The Court held that the evidence identified Cerna as the shooter but did not prove beyond a reasonable doubt that he acted with the deliberate intent required for first-degree murder. It also rejected his challenges to the detective’s identification testimony, the prosecutor’s closing argument, and cumulative error.

The Court held that a wrongful-death personal-representative appointment proceeding concludes when the appointment order issues, so it is no longer a pending action that can support subpoenas under the civil rules.

The Court held that the trial evidence was sufficient to support Castrillo’s conviction for intentional child abuse resulting in death, because medical evidence showed multiple acute, nonaccidental injuries inflicted on the day of the child’s death and corroborating evidence placed the child in Castrillo’s exclusive…

The Court affirmed Flores’s first-degree murder and aggravated-assault convictions, concluding that most challenged evidence was admissible and that the erroneous use of a Facebook banner suggesting gang affiliation was harmless.

The Court held that New Mexico’s savings statute requires the first action to have been timely commenced before a later action can receive the statute’s six-month refiling period.

The Court affirmed the murder conviction and two tampering convictions, but held that one additional tampering conviction violated double jeopardy because the jury could have based two counts on items discarded in the same trash can as part of unitary conduct.

The New Mexico Supreme Court affirmed the established three‑factor test for dual presentence confinement credit, declined to discard the third factor, and granted the petitioner only one day of credit.

The Court affirmed Maldonado’s convictions, concluding that the evidence, including corroborating evidence identifying him as the shooter, was sufficient to support the felony-murder verdict.

The Court affirmed Ward’s first-degree murder conviction, concluding that the evidence of a second, purposeful strike supported the jury’s finding of deliberate intent. It held that Ward’s accident testimony did not warrant an involuntary-manslaughter instruction, clarified that involuntary manslaughter requires…

The Court affirmed Valdez’s convictions, concluding that the district court did not abuse its discretion by admitting evidence of his prior abuse of the victim or by denying his motions to substitute appointed counsel.

The Court abolished New Mexico’s common-law tort of alienation of affections, overruling its precedent recognizing the tort. It concluded that the tort’s treatment of affections as property and the intrusive marital inquiry it requires conflict with modern law and policy, and that neither a contract theory nor Section…

The New Mexico Supreme Court affirmed Kindred’s first-degree murder conviction, rejecting his challenges to the jury instructions, admission of portions of his rap lyrics and Facebook Live post, and denial of a mistrial.

The New Mexico Supreme Court affirmed Ricoy’s convictions, concluding that substantial evidence supported the jury’s finding of deliberate intent and that the evidence did not support instructions on self-defense, voluntary manslaughter, or defense of habitation.

The Court held that Garcia’s irrevocable election to arbitrate his demotion did not clearly and unmistakably waive his separate right to sue under the Whistleblower Protection Act (WPA), and neither the CBA’s grievance provision nor its disciplinary provision required him to arbitrate that statutory claim.

The New Mexico Supreme Court held that the statutory tolling provision NMSA 30‑1‑9 applies to second‑degree felonies but its five‑year proviso bars the State from benefiting from tolling where the underlying limitations period exceeds five years.

The Court held that the statutory deadlines for sex-offender parole duration reviews are mandatory but not jurisdictional, so missing a deadline does not automatically discharge a parolee.

The Court held that a prisoner has a liberty interest in eligibility for an educational lump-sum award after earning an associate’s degree, but that eligibility does not guarantee an award when a valid NMCD rule makes the prisoner ineligible.

The Court held that the Workers’ Compensation Act’s attorney-fee cap applies separately to each distinct accidental injury, including a subsequent injury that flows from a primary workplace injury.

The New Mexico Supreme Court held that the Capps rule—smell of marijuana alone satisfies probable cause for a warrantless vehicle search—remains good law during the period of marijuana decriminalization, and remanded the case for further proceedings consistent with that holding.

The New Mexico Supreme Court held that the district court erred in finding probable cause for a recall petition because the Open Meetings Act requires a quorum of the County Commission to act, not a single commissioner.

The Court held that joinder of an “other person” under Rule 10-121(B)(4) must be limited by the necessary-party standard in Rule 1-019(A)(1), applied in the context of the Children’s Code and the child’s best interests.

The New Mexico Supreme Court held that insurers must offer UM/UIM coverage separately for each vehicle on a multi-vehicle policy and disclose the corresponding premiums. Because Progressive offered coverage only on a per-policy basis, Kileen’s rejection was not knowing and intelligent, so the Court reversed summary…

The Court held that the search-warrant affidavit provided a substantial basis for probable cause because it described the informant’s recent personal observation of methamphetamine at Perea’s residence, in circumstances supporting an inference of possession.

The Court held that a public body may assert judicial immunity as an affirmative defense to a damages claim under the New Mexico Civil Rights Act (CRA). For executive-branch adjudications, immunity depends both on whether the proceeding has sufficient judicial characteristics and whether the challenged conduct is…

The New Mexico Supreme Court held that a defendant convicted by plea bargain may assert a freestanding actual‑innocence claim under the state constitution, but reversed the district court because the defendant offered no new evidence and failed to meet the clear‑and‑convincing standard, and because State v.

The New Mexico Supreme Court held that conspiracy-based specific personal jurisdiction is consistent with due process when the defendant actively and voluntarily joins a conspiracy, knows that a coconspirator will commit acts in or aimed at New Mexico, and those acts create minimum contacts related to the claims.

The Court reverses Cardenas’s convictions and remands for a new trial because the district court improperly allowed the State to question her about her infant child’s positive methamphetamine test, and the error was not harmless.

The New Mexico Supreme Court held that a stipulated dismissal with prejudice of an alleged agent does not, by itself, extinguish vicarious liability claims against the principal.

The Court held that a principal’s vicarious liability is extinguished only by a release of claims arising from the agent’s conduct or by the agent’s exoneration through a disposition on the merits.

The New Mexico Supreme Court affirmed the Public Regulation Commission’s adoption of the Community Solar Rule, holding that the rule’s prohibitions on subtracting transmission costs, its case‑by‑case cost‑sharing scheme, its flexible co‑location approach, and its delegation to a third‑party administrator are…