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New Mexico

160 ABA Journal New Mexico articles.

Excessive and deadly force by Albuquerque police violated civil rights, Justice Department concludes

The U.S. Justice Department has concluded that police in Albuquerque, N.M., committed civil rights violations by using excessive and deadly force in inappropriate situations. Jocelyn Samuels, acting assistant attorney general for the Justice Department’s civil rights division, said the department found “a pattern or practice of systemic deficiencies,” report the…

Apr 11, 2014 4:35 PM CDT

Attorney who complained to state AGs about law firm is now herself facing scrutiny

A Kentucky lawyer who wrote the attorney general’s office in 40 states expressing concern about the operations of a Florida law firm for which she formerly worked is now herself facing a legal ethics case over similar allegations. Michele Stephens got a letter (PDF) last week from the disciplinary board…

Apr 9, 2014 10:45 PM CDT

Terminally ill have right to choose physician aid in dying, New Mexico judge rules

New Mexico’s state constitution protects physicians who prescribe medications to aid the death of terminally ill patients seeking a peaceful death, a state judge has ruled. Judge Nan Nash ruled on Monday that a state law criminalizing assisted suicide is unconstitutional when applied to bar physician aid in dying. Nash…

Jan 15, 2014 12:35 PM CST

New Mexico Supreme Court legalizes same-sex marriage

The New Mexico Supreme Court declared Thursday that same-sex marriages were legal in the state. In a unanimous 5-0 ruling, the state’s highest court held that it was unconstitutional for the state to deny marriage licenses to same-sex couples, and that legally married gay couples could not be denied the…

Dec 19, 2013 10:23 PM CST

Traffic stop brings 3 enemas, 2 X-rays and 1 colonoscopy in cops’ fruitless drug search, suit says

A New Mexico man claims in a federal lawsuit that he was forced to submit to three enemas, a colonoscopy, two X-rays and several cavity searches after he was pulled over for failing to yield for a stop sign while exiting a Wal-Mart parking lot. The suit by David Eckert…

Nov 5, 2013 6:48 PM CST

Lawyer accused of threatening to run down a jaywalking jurist is admonished, but can keep practicing

A lawyer who was accused of threatening to run over a judge will be admonished, but not suspended, the New Mexico Supreme Court ruled from the bench on Wednesday. Eric Dixon of Portales was accused by a judge of road rage and assault in a 2011 incident, the Alamogordo Daily…

Aug 23, 2013 1:45 PM CDT

Court: Photographer who wouldn’t work a gay wedding violated anti-discrimination law

A Christian photographer who refused to photograph the wedding of a gay couple violated state anti-discrimination laws, the New Mexico Supreme Court ruled Thursday. Elaine Huguenin, co-owner of Elane Photography, refused to photograph the commitment ceremony for a lesbian couple because she believes marriage is a union between one man…

Aug 22, 2013 9:05 PM CDT

19 ‘right to dry’ states outlaw clothesline bans; is yours among them?

Once upon a time, a clothesline was a standard feature of most back yards. But concern that publicly airing clean laundry attached with clothespins to a rope or wire was unsightly, or obstructed views, or even created a safety risk (strangulation is sometimes cited) led a number of condominium associations…

Aug 14, 2013 8:24 PM CDT

Citizens who don’t speak English have right to serve as jurors, New Mexico Supreme Court says

Judges and lawyers have a shared responsibility to make reasonable efforts to protect the right of non-English speaking citizens to serve as jurors, the New Mexico Supreme Court says. The court issued that warning in an opinion that nonetheless upheld a defendant’s murder conviction after a judge excused a Spanish-speaking…

Aug 14, 2013 1:50 PM CDT

New Mexico attorney general files brief saying gay marriage ban is unconstitutional

New Mexico Attorney General Gary King told the state supreme court on Monday that a ban on gay marriage violates state constitutional guarantees of equal protection. King said the justices should decline to rule, however, because a challenge wasn’t properly before the court, the Associated Press reports. The suit by…

Jul 23, 2013 2:46 PM CDT

Did lawyer try to run down judge he’d targeted in blog posts? Top state court to decide

A New Mexico lawyer is facing both a criminal charge and a legal ethics case for allegedly trying to run over a local judge in his sports utility vehicle. Now retired, former state district judge Ted Hartley says attorney Eric Dixon revved his engine, blew his horn and drove straight…

Jul 22, 2013 8:25 PM CDT

Career prosecutor appointed to oversee public defenders creates stir in New Mexico

The defense bar and some lawmakers are bristling at New Mexico Governor Susana Martinez’s selection of a career prosecutor to sit on the state’s new Public Defender Commission. The choice of Susan Riedel is a “slap in the face” to defendants who can’t afford private lawyers, said Barbara Mandel, president…

Jul 15, 2013 7:03 PM CDT

Search warrants obtained by telephone are permissible in New Mexico, state’s top court rules

The New Mexico Constitution allows search warrants to be obtained and approved by telephone, despite its requirement for a written showing of probable cause, the New Mexico Supreme Court has ruled. The court ruled in the case of Lester and Carol Boyse of Mesilla, who pleaded no contest to 107…

Jun 11, 2013 3:25 PM CDT

Suspect sent to solitary for 22 months gets $15.5M settlement

A New Mexico man who was arrested for driving under the influence and ended up in solitary confinement without any court proceeding for 22 months has reached a $15.5 million settlement. Not long after Stephen Slevin was arrested, there was a determination that he was depressed and a suicide risk,…

Mar 11, 2013 3:03 PM CDT

Judge resigns after admitting improper IMs with wife during court, but denies steamy content

A New Mexico judge has resigned following allegations that he sent instant messages to his wife, a court employee, during trials and other proceedings. The judge, Eugenio Mathis of Las Vegas, N.M., admitted that he had engaged in “excessive and improper” instant messaging with his wife, but denied that any…

Mar 5, 2013 12:15 PM CST

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