New Mexico Intentional Law
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William Grant v. Isaac Argon, et al.
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Albuquerque, New Mexico civil rights lawyer represented the Plaintiff who sued personal injury theory.
On March 7, 2021, Mr. Aragon was a police officer with the City of Albuquerque (Doc. 1 at ¶ 4; Doc. 6 ¶ 4). Mr. Aragon conducted a traffic stop of a blue van because it had “attempted to run him off the road.” Doc. 6 at ¶¶ 4-5. During this encounter, Mr. Arago... More...
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(07-02-2024 - NM)
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Kipp Cattle LLC v. Union Pacific Railroad Co.
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Las Cruces, New Mexico, personal injury lawyer represented the Plaintiff who sued the Defendant on a tort to land theory.
"At its core, the tort of trespass to land protects and vindicates a possessor’s right to exclusive possession against physical intrusions that are intentional (in the particular sense discussed in § 1.5 below) and unauthorized. Thus, the standard instance of this t... More...
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(01-26-2024 - NM)
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United States of America v. Vance Andres Raymond
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Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with assault resulting in serious bodilty injury in violation of 18 U.S.C. 1153 and 113(a)(6).
"Assault and battery are two separate, but related, legal terms.
Assault is the intentional threat or attempt to cause physical harm to another person. Battery is the actual physical contact or touching of... More...
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(10-03-2023 - NM)
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State of New Mexico v. Lalo Anthony Castrillo
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Las Cruces, New Mexico criminal defense lawyer represented Defendant charged with intentional abuse of a child resulting in death.
Lalo Anthony Castrillo was charged for causing the death of Faviola Rodriguez, 2, in September 2018.
Castrillo was babysitting his girlfriends child at the time she allegedly suffered a brain injury as a result of blunt force trauma to her head.
... More...
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(09-01-2023 - NM)
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A.L. v. Leon Martin and State of New Mexico
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Albuquerque, New Mexico personal injury lawyer represented Plaintiff who sued defendants on a New Mexico Tort Claims Act theory.
This case arises out of the alleged rape, assault, battery, false imprisonment, and false arrest of A.L. by Defendant Leon Martin. Doc. 1, Ex. 2 (“Complaint”). Defendant Martin was employed by the Isleta Pueblo Police and was a licensed peace officer co... More...
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(05-22-2023 - NM)
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United States of America v. Sophia Monique Zayas
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Las Curces, New Mexico criminal defense lawyer represented Defendant charged with second-degree murder, intentional child abuse resulting in death, intentional child abuse resulting in great bodily harm, intentional child abuse not resulting in great bodily harm, and aiding and abetting.
Peter Zayas, pleaded guilty to negligent child abuse resulting in great bodily harm. In his plea agr... More...
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(08-11-2021 - NM)
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STATE OF NEW MEXICO v. CHRISTOPHER VALDIVIA
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Las Cruces, NM - Criminal defense lawyer represented defendant Christopher Valdivia charged with possession of a controlled substance, tampering with evidence, battery upon a peace officer, and resisting, evading or obstructing an officer
Officer Veronica De La O of the Las Cruces Police Department testified at
6 the suppression hearing as follow... More...
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(10-14-2020 - NM)
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United States of America v. Lyle Woody Begay
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Albuquerque, New Mexico criminal defense lawyer represented defendant charged with abuse sexual conduct in Indian Country.
Lyle Woody Begay, 34, was charged with abusive sexual contact in Indian Country.
According to the plea agreement, Begay sexually abused the child on or about Feb. 23, 2004, through Dec. 31, 2011, in San Juan County, New Mexico, within the exterior... More...
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(10-10-2020 - NM)
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STATE OF NEW MEXICO v. MANUEL FRANCO
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Defendant's charges stem from his use of Ares, a peer-to-peer, file-sharing More...
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(06-21-2019 - NM)
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United States of America v. Wayne Martin
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Albuquerque, NM - MAN FROM COCHITI PUEBLO SENTENCED TO 37 DAYS IN PRISON FOR VIOLATING MIGRATORY BIRD TREATY ACT
Wayne Martin, 47, of Cochiti Pueblo, N.M., was sentenced in federal court Wednesday to 37 days in prison for violating the Migratory Bird Treaty Act by shoot... More...
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(06-19-2019 - NM)
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Roxanne Torres v. Janice Madrid; Richard Williamson
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In this excessive-force case, Roxanne Torres appeals from a district court order
that granted the defendants motion for summary judgment on the basis of qualified
immunity. Exercising jurisdiction under 28 U.S.C. 1291, we affirm.
BACKGROUND
Early in the m... More...
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(05-02-2019 - NM)
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STATE OF NEW MEXICO V. LEONARD TELLES
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Defendant beat Jerome Saiz (Victim) to death with a baseball bat. At trial,
12 Defendant testified that he was at Victim's house, assisting Rebecca Gomez,
13 Victim's ex-girlfriend, with packing so she ... More...
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(05-02-2019 - NM)
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STATE OF NEW MEXICO v. ANTHONY BLAS YEPEZ
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Jeannie Anna Sandoval was raised by George Ortiz (Victim), her adoptive
14 mothers boyfriend. In 2012, Sandoval and her boyfriend, Defendant, were living
15 with Victim. According to Sandovals 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...
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(07-27-2018 - NM)
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United States of America v. Christopher M. Holbroo
District of New Mexico Federal Courthouse - Las Cruces, New Mexico
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Las Cruces, NM - Former Las Cruces U.S. Customs and Border Protection Officer Pleads Guilty to Obstruction of Justice
The Justice Department announced that on April 19, 2018 former U.S. Customs and Border Protection (CBP) officer Christopher M. Holbrook pleaded guilty in federal court in Las Cruces, New Mexico, to obstruction of justice.
The charge stems from Holbrooks falsific... More...
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(04-19-2018 - NM)
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STATE OF NEW MEXICO v. NOE TORRES
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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...
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(03-17-2018 - NM)
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STATE OF NEW MEXICO v. JUAN GALINDO
Sex Offender
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Deputies from the Bernalillo County Sheriffs Department were dispatched to
16 Defendants home at approximately 3:50 a.m. in response to a call for assistance
17 about an infant who was choking on milk. When the deputies arrived, they were
18 directed to Defendants bedroom, where they found Baby wrapped tightly in a blanket
19 that was saturated with blood near her pelvic area.... More...
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(03-17-2018 - NM)
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STATE OF NEW MEXICO v. OSCAR ARVIZO
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In December 2009, Valerie Barreras and her husband Anthony Barreras had
3 two daughtersA.B., then thirteen years old, and her younger sister S.B., then six
4 years old. Defendant was married to Valeries sister Darlene, making him A.B.s
5 uncle. Defendant and Darlene had four young children of their own. Valerie and
6 Darlene were very close, and the two families often spent ... More...
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(03-17-2018 - NM)
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STATE OF NEW MEXICO v. JOSHUA MAESTAS
New Mexico Supreme Court
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Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriffs Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
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(01-09-2018 - NM)
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STATE OF NEW MEXICO v. DENNIS SAMUEL MIERA
Musician gets 24 years for molesting child
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Defendant Dennis Miera met Margarita Burciaga (Margarita) in 2000. The two
18 began dating, and eventually moved in together. When the relationship ended in the
19 spring of 2003, the couple split amicably, and Defendant continued to babysit
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1 Margaritas children. In the summer of 2006, Defendant had agreed to watch G.M.,
2 Margaritas eight-year-old daughter. Before the vis... More...
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(11-29-2017 - NM)
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STATE OF NEW MEXICO v. BRIAN ADAMO
Child Porn
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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...
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(11-08-2017 - NM)
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Quentin Scott v. City of Albuquerque
Tenth Circuit Court of Appeals Courthouse - Denver, Colorado
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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...
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(10-05-2017 - NM)
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Michael "Miguel" Gutierez v. Lt. Sam Rodriguez, et al.
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Plaintiff Michael Miguel Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brothers
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...
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(08-10-2017 - NM)
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United States of America v. Matthew Yazzie
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In this direct criminal appeal, Defendant-Appellant Matthew Yazzie contends
that his seventy-eight-month within-guideline sentence for assault resulting in serious
bodily injury is substantively unreasonable because the sentencing guideline used to
calculate his advisory sentencing range, U.S.S.G. 2A2.2, produces disproportionate
sentences. Having jurisdiction under 18 U.S.C. 3... More...
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(08-09-2017 - NM)
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Arsenio Cordova v. Jill Cline, et al.
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This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens� association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, �� ... More...
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(05-26-2017 - NM)
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United States of America v. Julian King
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Albuquerque, NM - Navajo Man Sentenced for Federal Child Abuse Conviction
Julian King, 31, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., was sentenced in federal court in Albuquerque, N.M., to 24 months in prison for his conviction on a federal child abuse charge. King will be on supervised release for a year after completing his prison sentence.
King... More...
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(05-24-2017 - NM)
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STATE OF NEW MEXICO v. JADRIAN LUCERO center>
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A few days after giving birth to Baby, Mother, who was fifteen years old at the
8 time, took the newborn home from the hospital to live with Babys Grandmother.
9 Defendant also moved into Grandmothers house to help Mother. In the weeks that
10 followed, the young parents lived together and shared the responsibility of caring for
11 Baby. Defendant would help feed and bathe Baby,... More...
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(12-27-2016 - NM)
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STATE OF NEW MEXICO v. JOHN C. PACHECO
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Rule 5-601(B) NMRA provides that [a]ny defense, objection or request which
7 is capable of determination without a trial on the merits may be raised before trial by
8 motion. In State v. Foulenfont, 1995-NMCA-028, 119 N.M. 788, 895 P.2d 1329, we
9 held that a district court may dismiss a criminal information or indictment when guilt
10 turns on a purely legal issue and any rel... More...
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(11-11-2016 - NM)
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United States of America v. Gilbert Nick Montes
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Las Cruces, NM - Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking Charges
Gilbert Nick Montes, 36, of Roswell, N.M., pled guilty to federal methamphetamine trafficking charges under a plea agreement with the U.S. Attorneys Office.
Montes was arrested on Nov. 30, 2015, on a criminal complaint charging him with committing a methamphetamine trafficking offense in Ch... More...
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(09-16-2016 - NM)
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STATE OF NEW MEXICO v . TRUETT THOMAS
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On June 3, 2010, Guadalupe Ashfords 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...
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(06-22-2016 - NM)
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HEATHER SPURLOCK; SOPHIA CARRASCO; NINA CARRERA v. ANTHONY TOWNES, BARBARA WAGNER, CORRECTIONS CORPORATION OF AMERICA
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Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera are former
13 inmates of the Camino Nuevo Correctional Center, a prison housing female offenders,
14 directed by Third-Party Defendant Warden Barbara Wagner and privately operated
15 by Third-Party Defendant Corrections Corporation of America (CCA). While
16 incarcerated, Plaintiffs were sexually assaulted by Defendant... More...
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(03-14-2016 - NM)
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STATE OF NEW MEXICO v. 8NORMAN BENALLY
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In this case, we hold that when law enforcement officers seized, impounded,
4 and sealed a vehicle, under NMSA 1978, Section 31-27-5(A) (2002, amended 2015),
5 they ma[de] a seizure of the currency that the vehicle contained. On June 23, 2011,
6 Gallup police officers seized a vehicle. On June 29, they executed a warrant to search
7 the vehicle and discovered $1295 in currency. ... More...
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(02-26-2016 - NM)
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STATE OF NEW MEXICO v. JAMES SIMPSON
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There was no trial below, and the record is mostly devoid of any factual13
background, but a few details were elicited at the plea hearing. Had the case gone to14
trial, Officer Austin Barnes of the Taos Police Department would have testified that15
Defendant crashed into his patrol car after fail[ing] to yield, causing over $1000 in16
damages. Officer Victor Flores of the New M... More...
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(02-16-2016 - NM)
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State Of New Mexico v. Vargas
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Defendant Michael Vargas, Sr. appeals his convictions on each of twenty-four
4 counts of intentional child abuse by torture, contrary to NMSA 1978, Section 30-6
5 1(D)(2) (2009). Defendant raises numerous issues on appeal, including (1) violations
6 of his rights to due process and to be free from double jeopardy, (2) the insufficiency
7 of the evidence to support his convictions, ... More...
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(01-23-2016 - NM)
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State Of New Mexico v. Ferran
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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...
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(01-05-2016 - NM)
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United States v. Rodella
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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...
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(01-03-2016 - NM)
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State Of New Mexico v. Nichols
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Alycia Nichols, Jeremy Nichols wife, gave birth to Kaden and his twin 1
10 brother Bryce in September 2005. The twins were delivered by Caesarean section
11 after the doctor made several unsuccessful attempts to get Kaden into a position
12 where he could be delivered naturally. Kaden was stuck in the birth canal for a period
13 of time, resulting in bruising over the majority of ... More...
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(11-23-2015 - NM)
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State Of New Mexico v. Stanfield
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On October 23, 2009, Sonny Jim and Fernando Begay were on Wayne14
Johnsons 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 Johnsons property. Defendant began shouting at Jim, and then got back17
in his truck and drove toward his trailer. When he returned shortly... More...
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(11-19-2015 - NM)
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State Of New Mexico v. Pagan-Rivera
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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...
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(11-16-2015 - NM)
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State Of New Mexico v. Stanfield
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On October 23, 2009, Sonny Jim and Fernando Begay were on Wayne14
Johnsons 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 Johnsons property. Defendant began shouting at Jim, and then got back17
in his truck and drove toward his trailer. When he returned shortly... More...
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(11-16-2015 - NM)
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State of New Mexico v. William Pagan-Rivera
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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...
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(10-27-2015 - NM)
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