Las Cruces, New Mexico criminal defense lawyer represented Defendant charged with first-degree murder by deliberate killing.

Cristal Cardenas, age 29, and her boyfiend, Luis Flores, age 30, were charged for shooting and killing Mario Cabral, then 34, and his new girlfriend, Vanessa Mora, who was 32. Cabral and Mora were found shot to death in their Garfield trailer
home.

Car... More...    $0 (03-11-2022 - NM)

Jeannie “Anna” Sandoval was raised by George Ortiz (Victim), her adoptive
14 mother’s boyfriend. In 2012, Sandoval and her boyfriend, Defendant, were living
15 with Victim. According to Sandoval’s testimony at trial, Victim was often angry and
16 would fight with her. The tension between Sandoval and Victim would escalate when
17 they were drinking alcohol, and although the anger w... More...    $0 (07-27-2018 - NM)

On November 2, 1988, A.W. (Victim 1), who was 13 years old, went to her
15 home after school where an unknown man wearing a ski mask was lying in wait,
16 armed with a knife. The man vaginally penetrated Victim 1, and then forced her into
17 the bathroom. After securing the bathroom door so Victim 1 could not escape, the
18 unknown man fled. Victim 1 was taken to the hospital, whe... More...    $0 (06-28-2018 - NM)

In the early hours of September 15, 2005, nine shots were fired through a
3 bedroom window of an apartment in Clovis, killing ten-year-old Carlos Perez. Carlos
4 had been sleeping in the bedroom he shared with his older brother, the intended
5 victim, seventeen-year-old Ruben Perez.
6 {4} That night there were two distinct groups of actors involved in the shooting:
7 one group... More...    $0 (03-17-2018 - NM)

James Chavez died from stab wounds to his chest on July 10, 2011 in his Rio
3 Rancho home. Shortly before his death, Chavez was cleaning his home with two
4 acquaintances, Casey Williams and David Dinelli. Defendant, Defendant’s son, and
5 Anthony Villagomez entered the home to recover goods stolen by Chavez that
6 belonged to Defendant’s son. Villagomez carried a sawed-off shot... More...    $0 (01-07-2018 - NM)

Following a preliminary hearing in the magistrate court in Carlsbad, New
13 Mexico, the district attorney filed a criminal information in the district court charging
14 Defendant with eighteen counts of sexual exploitation of children (possession) in
15 violation of Section 30-6A-3(A). Pursuant to State v. Olsson, 2014-NMSC-012, 324
16 P.3d 1230, an amended criminal complaint was ... More...    $0 (11-08-2017 - NM)

3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United
4 States Constitution and Article II, Section 14 of the New Mexico Constitution.
5 Defendant was arrested on May 12, 2008, and charged with a number of offenses
6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010,
7 trial was delayed for a number of reasons includ... More...    $0 (11-03-2017 - NM)

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...    $0 (10-05-2017 - NM)

Plaintiff Michael “Miguel” Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brother’s
death, which officials deemed a suicide. The district court dismissed the claims in a
series of orders and ultimately entered judgment in favor of defendants. We exercise
jurisdiction under 28 U.S.C. § 1291 and affirm.
I... More...    $0 (08-10-2017 - NM)

Albuquerque, NM

A federal jury sitting in Albuquerque, N.M., returned a verdict finding Darryl J. Gutierrez of Santa Fe, N.M., guilty of violating the federal tax laws. Gutierrez, 61, was found guilty of obstructing and impeding the administration of the internal revenue laws and filing false tax returns.

Gutierrez was indicted on Nov. 5, 2015, and charged with one count of obstr... More...    $0 (04-02-2017 - NM)

On June 3, 2010, Guadalupe Ashford’s body was found partially hidden behind
16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated
17 that Ashford had initially been assaulted in the lot and then dragged a short distance
18 to its edge where her body was found. The drag marks were contained within the span
19 of one parking space and extended less... More...    $0 (06-22-2016 - NM)

On March 24, 2011, the New Mexico State Police were called to the Tucumcari
17 Inn after a relative found Bobby Gonzales and Gabriel Baca dead in the bathroom of
18 room number 126. The investigation, headed by New Mexico State Police Agent Josh
19 Armijo, led law enforcement to suspect Defendant had committed the murders.
2
1 Relying in part on information provided by Defenda... More...    $0 (06-14-2016 - NM)

Defendant was arrested on July 13, 2010, based on charges filed in the
10 magistrate court consisting of several counts of forgery, embezzlement, and
11 conspiracy to commit forgery. On July 14, 2010, Defendant made his first appearance,
12 and was released from custody subject to conditions three days later. The complaint
13 against Defendant was then dismissed without prejudice ... More...    $0 (06-11-2016 - NM)

Robert Glenn Earley, convicted by a jury of first-degree murder, tampering with3
evidence, and kidnapping, raises eight issues on direct appeal to this Court: (1) the4
trial court erred by denying Defendant’s motion to suppress three statements he made5
to law enforcement officers, (2) the trial court erred by denying Defendant’s motion6
for a continuance, (3) the trial court erred... More...    $0 (05-23-2016 - NM)

Defendant Paul Reynolds pled no contest to first-degree murder, unlawful
3 taking of a motor vehicle, and tampering with evidence, pursuant to a plea agreement.
4 Defendant now argues that he should be allowed to withdraw that plea because it was
5 not knowing, intelligent, and voluntary due to the ineffective assistance of his plea
6 counsel. Specifically, Defendant contends that ... More...    $0 (03-26-2016 - nm)

Defendant Dorall Smith appeals his convictions for first-degree murder,
4 contrary to NMSA 1978, Section 30-2-1(A)(1) (1994), and criminal damage to
5 property, contrary to NMSA 1978, Section 30-15-1 (1963). Defendant challenges his
6 convictions on ten grounds, arguing that: (1) there was insufficient evidence of
7 deliberate intent to support a conviction for first-degree murder... More...    $0 (02-15-2016 - NM)

The jury panel convened for Defendant’s criminal trial included individuals for
18 whom Spanish was their primary language. One of these individuals was ultimately
19 selected to serve on the jury and required interpretative services throughout the trial.
1 Defendant’s request that the Spanish-speaking juror be provided written jury
2 instructions in Spanish was denied, but the dis... More...    $0 (02-07-2016 - NM)

Mocek has a practice of refusing to show his photo identification at airport
security checkpoints. Prior to 2008, he was able to clear checkpoints by
complying with alternative TSA identification procedures. In 2008, the TSA
established a policy that those who “simply refuse[d] to provide any identification
or assist transportation security officers in ascertaining their identity... More...    $0 (01-24-2016 - NM)

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was ... More...    $0 (01-20-2016 - NM)

Defendant was convicted of two counts of first degree murder for the February
28, 2011, killings of Joey Maestas (Maestas) and Sara Salazar (Salazar) in Rio Arriba
County. He was also convicted of tampering with evidence for the destruction by fire
3 of the vehicle in which the bodies were found. The jury convicted Defendant based
4 largely on circumstantial evidence showing that D... More...    $0 (01-05-2016 - NM)

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was e... More...    $0 (01-05-2016 - NM)

THIS MATTER comes before the Court on the Motion for Release Pending Appeal, filed February 6, 2015 (Doc. 195)("Motion"). The primary issues are: (i) whether Defendant Thomas R. Rodella has presented a substantial question that, if answered in his favor, would likely result in a new trial; and (ii) whether Rodella has shown exceptional circumstances, which are required for a violent offender to be... More...    $0 (01-03-2016 - NM)

Following a drunk-driving crash on the Isleta Pueblo in New Mexico, in which three people were killed and another severely injured, Lente pled guilty to three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury. According to the pre-sentence investigation report (“PSR”), her advisory Guidelines range was 46 to 57 months' imprisonment. However, the distric... More...    $0 (01-02-2016 - NM)

THIS MATTER comes before the Court on the United States' Sentencing Memorandum and Motion for Upward Departure Pursuant to U.S.S.G. § 5K2.0, filed June 4, 2015 (Doc. 21)("Motion"). The Court held a sentencing hearing on June 26, 2015. The primary issues are: (i) whether upward departure is permitted under U.S.S.G. § 5K2.1 or U.S.S.G. § 5K2.21; (ii) whether an upward departure is appropriate where ... More...    $0 (12-15-2015 - NM)

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...    $0 (12-02-2015 - NM)

On October 23, 2009, Sonny Jim and Fernando Begay were on Wayne14
Johnson’s property in San Rafael, New Mexico. They were putting away tools after15
taking down a barbed-wire fence when they were confronted by Defendant, who was16
a tenant on Johnson’s property. Defendant began shouting at Jim, and then got back17
in his truck and drove toward his trailer. When he returned shortly... More...    $0 (11-19-2015 - NM)

At trial, the State presented the testimony of Martha Colwell, Ramon Lopez,
8 Antonio Lopez, and Dennie Stallworth, along with investigators and expert witnesses.
9 The witnesses described the following events.
10 {4} Martha Colwell is the mother of Ramon Lopez and Antonio Lopez who on
11 November 7 2010, were ten and seventeen years old. Dwayne King, a family friend
12 who was... More...    $0 (11-16-2015 - NM)

On October 23, 2009, Sonny Jim and Fernando Begay were on Wayne14
Johnson’s property in San Rafael, New Mexico. They were putting away tools after15
taking down a barbed-wire fence when they were confronted by Defendant, who was16
a tenant on Johnson’s property. Defendant began shouting at Jim, and then got back17
in his truck and drove toward his trailer. When he returned shortly... More...    $0 (11-16-2015 - NM)

The Sixth Amendment to the United States Constitution begins, “In all criminal
11 prosecutions, the accused shall enjoy the right to a speedy . . . trial.” See N.M. Const.
12 art. II, § 14. In State v. Garza, we emphasized that “[t]he heart of the right to a speedy
13 trial is preventing prejudice to the accused.” 2009-NMSC-038, ¶ 12, 146 N.M. 499,
14 212 P.3d 387. But we also reco... More...    $0 (11-12-2015 - NM)

Following a jury trial, the district court entered judgment against Defendant
4 William Pagan-Rivera and sentenced him for the crimes of first-degree felony murder,
5 two counts of negligently caused child abuse, shooting from a motor vehicle, shooting
6 at a dwelling or occupied building, and tampering with the evidence. Defendant asks
7 this Court to reverse his convictions on gr... More...    $0 (10-27-2015 - NM)

Plaintiffs-Appellants Stephen Maresca, Heather Martin-Maresca, and their
three children were driving back from a family hike when they were arrested in a
“felony stop” carried out by Bernalillo County Sheriff’s Deputies J. Fuentes, G.
Grundhoffer, and four other officers.1 Deputy Fuentes initiated the stop because she
mistakenly believed that the Marescas were driving a stolen vehi... More...    $0 (10-22-2015 - NM)

Although the district court denied summary judgment and has not entered a
final judgment, “we have interlocutory jurisdiction over denials of qualified immunity
at the summary judgment stage to the extent that they turn on an issue of law.”
Romero v. Story, 672 F.3d 880, 882 (10th Cir. 2012) (brackets and internal quotation
marks omitted). We reduce the question before us to ... More...    $0 (10-11-2015 - NM)

Albuquerque Police Officer Brian Pitzer shot Russell Tenorio when responding
to an emergency call. Tenorio sued Pitzer in the United States District Court for the
District of New Mexico under 42 U.S.C. § 1983, asserting that Pitzer violated his
Fourth Amendment rights by using excessive force. The district court denied Pitzer’s
motion for summary judgment, concluding that there was... More...    $0 (10-06-2015 - NM)