The New Mexico Supreme Court held that the Court of Appeals applied the correct state summary-judgment standard but incorrectly applied federal substantive antitrust law. In an oligopoly, parallel wholesale price increases are ambiguous and cannot alone support an inference of a price-fixing agreement; plaintiffs…
New Mexico Supreme Court, 2010
Published opinions from 2010. The case name opens the case page.
2010 opinions
The Court held that the rule announced in Frazier—barring separate convictions for felony murder and its predicate felony—is a new procedural rule and does not apply retroactively to finalized convictions on habeas review.
New MexicoState of New Mexico, Plaintiff-Appellee v. Joseph Flores, Defendant-Appellant
January 5, 2010147 N.M. 542
The New Mexico Supreme Court affirmed Flores’s first-degree murder conviction and life sentence, concluding that substantial evidence supported the jury’s findings that he killed Green and acted with deliberate intent.