Archives
- 2013.05.13: The Withdrawal Defense, Statutes of Limitations and Burdens of Proof in Conspiracy Cases
- 2013.04.25: The Issue of Warrantless Non-Consensual Blood Draws in DWI Cases
- 2013.04.24: New Mexico Domestic Violence Laws
- 2013.04.02: Proof of Reliability of Narcotics Sniffing Dogs in Traffic-Stop Searches
- 2013.03.15: Breath & Blood Alcohol Testing Under the New Mexico Implied Consent Act
- 2013.03.11: Failure to Timely Appeal Probation Violations May Be Excused on Grounds of Ineffective Assistance Counsel
- 2013.02.25: Miranda Reading Not Always Required in School Setting
- 2013.02.22: "Knock and Announce Rule" Requires Reasonable Wait in New Mexico
- 2013.02.18: Legality of Under-Clothing Search Incident To Arrest Dependent on Circumstances
- 2013.02.11: Warrant Obtained By Telephone Not Permitted In New Mexico
- 2012.12.06: Warrantless Searches Reasonable Under the Plain View Doctrine
- 2012.12.03: Improper Hearsay and the Value Goods in New Mexico Shoplifting Cases
- 2012.11.29: Warrantless Entry and Search of a Home Under Exigent Circumstances
- 2012.11.19: No Presentence Credit For Juvenile Youthful and/or Delinquent Offenders
- 2012.11.16: The Indian Country Crimes Act, New Mexico State Court Jurisdiction, and the Definition of "Tribal Lands"
- 2012.11.14: Pat-Down Search in New Mexico is a Protective Search for Officer Safety Not a Search for Evidence
- 2012.11.09: Anonymous Hearsay, Without Evidence of Truthfulness, Cannot Constitute Probable Cause for a Warrant
- 2012.11.01: Search Warrant for Home Does Not Necessarily Extend to Guest House in New Mexico
- 2012.10.30: The 4th Amendment and Police Questioning Beyond Scope of Traffic Stop in New Mexico
- 2012.10.04: Blood Alcohol Level Evidence & the Confrontation Clause in New Mexico and Beyond
- 2012.09.21: New Mexico's "Rape Shield Rule" and Confrontation Clause Rights
- 2012.09.14: Confrontation And Victim Identifications
- 2012.08.14: Immunity For Grand Jury Witnesses
- 2012.08.07: Consent by a Minor to Warrantless Search in New Mexico
- 2012.07.25: Protective Sweep Searches in New Mexico Fairly Limited Under 4th Amendment
- 2012.07.17: Police in New Mexico Have Wide Latitude in Questioning During Traffic Stops
- 2012.07.10: Pleas of Co-Defendants: Admissability and Harmless Error in New Mexico
- 2012.07.05: Collateral Consequences of Domestic Violence Findings Can be Worse than Criminal Penalties
- 2012.06.27: Prosecution Medical Experts and the Confrontation Clause in New Mexico
- 2012.06.21: Right to a Speedy Trial in New Mexico Juvenile Criminal Cases
- 2012.06.15: Strict Liability Criminal Offenses and DWI in New Mexico
- 2012.06.14: Sixth Amendment Protections Apply to Plea Negotiations
- 2012.06.07: ATV'ing While Intoxicated = DWI in New Mexico
- 2012.05.31: Scope of Review in de novo Appeals from New Mexico Municipal Courts
- 2012.05.14: Sentencing in Violation of a Court Approved Plea Agreement Not Allowed in New Mexico
- 2012.04.30: Jailhouse Strip-Searches For Minor Offenses - Let the Abuses Commence!
- 2012.04.23: Do Minors Have Broader Rights Under the 4th Amendment Than Adults?
- 2012.04.19: 4th Amendment and the Plain View Doctrine
- 2012.04.18: Timely Preliminary Hearings for Juveniles Facing Adult Charges in New Mexico
- 2012.04.16: Cell Phone GPS Tracking by Law Enforcement and Your Privacy Rights
- 2012.04.10: Supreme Court Extends Sixth Amendment Protection to Rejected Plea Offers
- 2012.04.05: Being in Jail May Not Mean Being in Custody Under New Supreme Court Ruling
- 2012.04.03: Timely Preliminary Hearings and Juveniles Charged as Adults in New Mexico
- 2012.03.23: What Does "You have the right to remain silent" Under Miranda Actually Mean?
- 2012.03.12: Criminal Confessions and Miranda Warnings in New Mexico
- 2012.03.06: Youthful Offender, No-Bills and Time Limits in Juvenile Criminal Cases
- 2012.02.28: In An Increasingly Technical Age, There Is Still No Substitute for Face-to-face Confrontation of Witnesses
- 2012.02.23: Speedy Trial Requirement & Six Month Rule on Misdemeanor Cases: Exceptional Circumstances Required for Deviations
- 2012.01.23: The Law of Contracts and Criminal Plea Agreements in New Mexico
- 2012.01.09: Blanket Employer Discrimination for Arrest Record (v. Conviction) Violates Title VII
- 2012.01.04: Travel Restrictions in New Mexico Criminal Cases Not Always Necessary
- 2011.12.22: Consent to Police Search Must be Voluntary
- 2011.12.20: Alcohol, Stress and Emotions Can be a Costly Mix During the Holidays
- 2011.10.20: Proof of Driving Somewhat Slippery in New Mexico DWI Cases
- 2011.10.18: Sufficiency of Confession for DWI Conviction in New Mexico
- 2011.10.04: Passenger Rights Against Illegal Search & Seizure in Routine Traffic Stops
- 2011.08.16: Warrantless DWI Arrests in New Mexico Homes
- 2011.08.04: Questioning During Traffic Stop Limited to Basis for the Stop Under New Mexico Law
- 2011.07.29: New Mexico Court of Appeals Rules One Year Statute of Limitations Applies to First Time DWI
- 2011.07.21: Confidential Informants & Probable Cause for Warrant to Search of Home in New Mexico
- 2011.07.14: Plain View Exception to 4th Amendment Search & Seizure Warrant Requirements
- 2011.07.06: Expectation of Privacy in Garbage in New Mexico Even in a Motel Dumpster!
- 2011.06.28: DWI Roadblocks Growing in Frequency in New Mexico and are Difficult to Challenge
- 2011.06.21: Mistaken Belief in Laws Will Not Justify a Traffic Stop in New Mexico
- 2011.06.16: Factors Leading to a Charge of Aggravated DWI in New Mexico
- 2011.06.09: Divided Attention Testing in a New Mexico DWI Investigation
- 2011.06.07: Legality of Computer Searches Determined by Scope of Warrant
- 2011.05.31: Driving Behavior and Alcohol Impairment ( or "Officer Why was I Stopped?")
- 2011.05.25: While Crime is Down, Jails and Prisons are Overflowing
- 2011.05.24: A Woman's Purse and its Contents Protected from Search
- 2011.05.19: Standardized Field Sobriety Tests Serve as Surrogate to Chemical Testing in New Mexico DWI
- 2011.05.15: The Deferred Sentence in First Time New Mexico DWI Results in a Dismissal, BUT...
- 2011.05.05: Sliding Scales of Due Process in New Mexico Probation Violation Hearings
- 2011.05.03: Defendants Have the Right to Pretrial Interview of State's Expert Witnesses But...
- 2011.04.21: Felony Domestic Violence: False Imprisonment Charges Frequently Charged in New Mexico
- 2011.04.19: Defendant's Rights to Present Evidence at Grand Jury Extremely Limited
- 2011.04.12: Miranda Offers Little Protection for Chatty Suspects in New Mexico
- 2011.04.05: DWI Without Driving: Passenger Liability for DWI!
- 2011.04.05: Nolle Prosequi in New Mexico Criminal Cases: A Dismissal but Not Necessarily an End to the Case
- 2011.03.31: Felony Domestic Violence: Aggravated Assault Against a Household Member
- 2011.03.29: Subsequent DWI: The First Step is to Admit You Have a Problem
- 2011.03.24: The Common Cold and DWI in New Mexico
- 2011.03.11: New Mexico's Impaired to the Slightest Degree DWI Standard Has to Go!
- 2011.03.08: Driver's License Revocation Almost Certain with DWI Arrest in New Mexico
- 2011.03.07: Innocence Project Needs Your Support
- 2011.02.27: 4th Amendment Privacy Shrinking with Technology
- 2011.02.22: New Mexico's Implied Consent Act Leaves No Room for Indecision in Consent to Alcohol Testing
- 2011.02.17: Attention Mall Shoppers! The 4th Amendment Does Not Apply Here
- 2011.02.16: You Can Run but ...: Tolling of Probation and Jurisdiction in New Mexico Criminal Cases
- 2011.02.08: Conditional Discharge Does Not Clean the Slate in New Mexico
- 2011.02.01: MVD License Revocation Hearings: Strictly Formality!
- 2011.01.28: Expungement of New Mexico Criminal Records Difficult and Rare!
- 2011.01.11: Stalking Quickly Escalates to Felony Charges in New Mexico
- 2011.01.05: 6th Amendment Confrontation Rights Take a Blow in the 10th Circuit
- 2010.12.23: Tis the Season: DWI and Felony Child Abuse in New Mexico
- 2010.12.21: Domestic Violence Early Intervention Programs in New Mexico
- 2010.12.18: Judge, Not Jury, Decides Whether to Charge Juveniles as Adults in New Mexico
- 2010.12.18: Search & Seizure Rights Greater Under New Mexico Law than 4th Amendment
- 2010.12.16: 6th Amendment Confrontation Rights in New Mexico Domestic Violence Cases
- 2010.12.14: Bail Bond Companies are Worth the Costs for Most
- 2010.12.13: 10 Good Reasons Not to Drink & Drive in New Mexico
- 2010.12.07: Refusal of Breath Alcohol Test Carries Big Risks and Little Reward in New Mexico DWI Cases
- 2010.11.26: Crackdown on DWI Continues in New Mexico With Increasing Penalties for Probation Violations
- 2010.11.23: Firearm Sentencing Enhancement in New Mexico
- 2010.11.20: New Mexico's Holiday DWI Superblitz: Don't Drink and Drive. Not Even a Little!
- 2010.11.19: Juvenile Criminal Probation in New Mexico
- 2010.11.16: Hot Checks: Poor Bookkeeping is No Defense in New Mexico
- 2010.11.09: Juvenile Drug Court: A Double Edged Sword!
- 2010.11.04: Second Chance for First Time Juvenile Criminal Offenders
- 2010.11.02: Double Jeopardy Issue Addressed in New Mexico Habitual Sentencing Case
- 2010.11.01: Armed Forces Eligibility Consequences of Criminal Convictions
- 2010.10.27: Police May Not Use Probation Officers as Proxy in Criminal Investigations
- 2010.10.22: Puncturing Gas Tank to Steal Gas Charged as Felony Auto Burglary in New Mexico
- 2010.10.18: State Has Burden Under New Mexico Law to Prove Reasonable Wait Under "Knock and Announce" Rule
- 2010.10.13: Forensic Testimony in New Mexico Drug Prosecutions
- 2010.10.08: Judge Shopping by Prosecutor Not Allowed in New Mexico
- 2010.10.04: Reclassification of Marijuana Possession: Is it Enough?
- 2010.09.29: DWI Officers Must Strictly Follow Guidelines in Breath Alcohol Testing
- 2010.09.27: Deadly Weapon Charges May Rely on Intent
- 2010.09.22: Texting Driver Convicted for Reckless Driving: Might This Be a Trend?
- 2010.09.17: DWI Passenger Held Accountable for Vehicular Homicide
- 2010.09.13: Medical Grounds of Inadmissibility Redefined to Possibly Include DWI
- 2010.09.10: Sexting May Lead to More than a Persistent Itching
- 2010.09.06: Drinking + Driving + Kids = Felony Child Abuse
- 2010.09.03: Burden on State to Fully Establish Foundation for Admission of Breath Alcohol Test Results
- 2010.08.30: New Policies on Immigrant Detention Met With Customary Hysteria
- 2010.08.27: Prescription Drugs and Driving: Standards are Needed
- 2010.08.23: Prescription Drug Use and Driving Under the Influence: Why the Ron Bell Case Matters to You and Your Family!
- 2010.08.20: Control of Vehicle and Intent to Drive Must be Proven in New Mexico DWI: Competing Theories Must Both be Sound
- 2010.08.18: Out of State Drivers May Face Driver's License Issues on New Mexico DWI
- 2010.08.14: More on Misdemeanor Arrest Rule in New Mexico DWI Cases
- 2010.08.04: Independent Blood Test in New Mexico DWI/DUI Cases
- 2010.08.02: Expansion of Police Investigation Under the 4th Amendment in New Mexico
- 2010.07.29: Strip Searches, Reach-In Searches, Privacy and the 4th Amendment in New Mexico
- 2010.07.25: Proposed New Jury Instruction to Address Sleeping While Intoxicated
- 2010.07.14: Grand Jury Investigations: Ham Sandwiches Beware!
- 2010.07.07: 4th Amendment Rights Limited for Probationers and Parolees
- 2010.07.04: Suppression of Evidence for Violation of Criminal Discovery Rules
- 2010.06.29: Misdemeanor Arrest Rule in New Mexico DWI Cases
- 2010.06.24: Proximity to Alleged Crime Alone Does Not Justify Search & Seizure in New Mexico
- 2010.06.22: Ron Bell Case Illustrates Problems with New Mexico DWI/DUI Laws
- 2010.06.17: Supreme Court Provides Some Relief from Harsh Immigration Consequences of Petty Drug Offenses
- 2010.06.09: Sleeping While Intoxicated No Longer a Crime in New Mexico!
- 2010.06.03: Miranda on the Ropes. Again.
- 2010.06.01: Lifting the Domestic Violence No-Contact Order is Not as Clear Cut as One Might Imagine
- 2010.05.27: Even Innocent Violations of Orders of Protection Can Have Consequences in New Mexico
- 2010.05.25: Graduation Parties and Alcohol: A Night to Remember
- 2010.05.19: The Perils of Driving on a Revoked or Suspended License in New Mexico
- 2010.05.18: Border Stories: Facts and Fictions
- 2010.05.13: DWI Expert Attack on Breath Alcohol Scores Now Severely Limited in New Mexico
- 2010.05.10: New Mexico Missed the Memo on Criminal Justice Reform
- 2010.05.06: Turn Law Students Loose on the Poor: It's Good for Them Both?
- 2010.05.04: Firearms and Domestic Violence: A Toxic Mix
- 2010.04.28: A Taste of Arizona in the 10th Circuit
- 2010.04.26: Arizona Style Immigration Enforcement: New Mexico Beware!
- 2010.04.22: Marijuana and Federal Student Loans
- 2010.04.20: Repeat DWI/DUI Offenders Face Certain Jail Time: How Much is Up to Them
- 2010.04.16: Police-Team DWI/DUI Investigations Allowed Though Discontinued?
- 2010.04.06: Deporting Immigrants on Marijuana Possession Strains Public Resources
- 2010.04.06: New Mexico Ignition Interlock Laws: A Model for Others?
- 2010.04.01: Deportation on Minor Marijuana Possession Before Supreme Court
- 2010.03.30: Yelling "Freeze" Constitutes a Seizure Under the 4th Amendment
- 2010.03.24: Speedy Trial Rights Stumble Up from the Mat: Oral Rulings Will Not Extend the Rule in New Mexico
- 2010.03.22: New Mexico Court Addresses Knock & Announce Rule in the Execution of Search Warrants
- 2010.03.16: Search & Seizure of Visitors on Property Subject to Warrant
- 2010.03.12: Warrant is Necessary for Involuntary Blood Draw in New Mexico
- 2010.03.10: New Mexico DWI/DUI Blood Draw Reports Subject to 6th Amendment Right to Confrontation of Witnesses
- 2010.03.03: Criminal v. Civil Domestic Violence Charges in New Mexico
- 2010.03.02: Collateral Employment Consequences of Criminal Convictions
- 2010.02.26: Independent Blood Alcohol Testing Now Available 24/7 in Albuquerque Area
- 2010.02.24: 10th Circuit Places Burden on State to Justify Trial Delays
- 2010.02.18: Right to Independent DWI/DUI Chemical Testing, Really?
- 2010.02.15: More on New Mexico Senate Bill 151: Impaired to the Slightest Degree
- 2010.02.12: New Mexico Senate Bill 151 to Introduce Reason Into DWI/DUI Enforcement
- 2010.02.09: Tougher DWI/DUI Bill Stalls in New Mexico Senate
- 2010.02.08: Out of State DWI/DUI Convictions Count as Priors Under New Mexico Law
- 2010.02.03: The Problem With Under the Limits DWI Arrests in New Mexico
- 2010.01.17: Police Officers Not Qualified to Give Statistical Testimony
- 2010.01.14: Pre-Indictment Delay: How Long is Too Long in New Mexico?
- 2010.01.05: Budgetary Realities May Force Changes In Albuquerque's Flawed DWI/DUI Enforcement
- 2010.01.02: 10th Circuit Holds Common Drug Dealer Does Not Make a Conspiracy
- 2010.01.01: National Ignition Interlock Bill Introduced by New Mexico Senator Udall
- 2009.12.31: Warrantless Search of Cell Phone Violates 4th Amendment
- 2009.12.29: Federal Criminal Immigration Cases Reach Record High
- 2009.12.27: First Time DWI: What to Expect in New Mexico?
- 2009.12.13: Police Questioning Must Stop When Basis for Traffic Stop Found Lacking But...
- 2009.12.08: A Surprising Source of Reason in the Marijuana Debate
- 2009.12.08: Felony Criminal Process: Pre-Indictment
- 2009.12.06: Confrontation Clause Requires In Court Testimony of Analyst in Drug Cases
- 2009.11.28: New Mexico Provides Greater Protection from Illegal Search & Seizure than Federal Law
- 2009.11.25: The Vagaries and Absurdities of New Mexico DWI Law & Policy
- 2009.11.21: Unlawful Search & Seizure Under the 4th Amendment
- 2009.11.20: Albuquerque Court Takes the Driving out of Driving While Intoxicated
- 2009.11.14: 10th Circuit Addresses Due Process & Confrontation in Confidential Informant Case: Part 2
- 2009.11.11: 10th Circuit Addresses Due Process & Confrontation in Confidential Informant Case: Part 1
- 2009.10.28: Reasonable Suspicion No Deterrence to New Mexico Drunk-Busters
- 2009.10.26: DWI Quotas for Albuquerque Police Lead to Below the Limits Arrests
- 2009.10.18: Evasion of DWI Checkpoint is a Basis for Investigatory Stop
- 2009.10.13: Legalization of Marijuana Picks Up Steam While Enforcement Stays the Course in New Mexico
- 2009.10.08: Your Home is Safe from Unlawful Search & Seizure in New Mexico
- 2009.10.06: Hang up the Phone: Miranda Does Not Apply to Voluntary Telephone Conversations with Police Officers
- 2009.10.04: International Drug Policy Reform Conference To Be Held in Albuquerque
- 2009.10.03: New Mexico Municipalities Have No Authority Over DWI/DUI on Private Property
- 2009.10.03: Albuquerque and New Mexico Slow to Adopt Trend Toward Decriminalization of Marijuana
- 2009.10.02: Marijuana Use Accepted - Possession of Marijuana is Still Aggressively Prosecuted
- 2009.09.29: The Right to Confrontation of Domestic Violence Witnesses in New Mexico
- 2009.09.28: DWI/DUI: The True Standard in New Mexico is Impaired to the Slightest Degree
- 2009.09.26: Conditions of Release on Domestic Violence Charges in Albuquerque
- 2009.09.24: DWI/DUI CHARGES SAID TO JEOPARDIZE VEHICULAR HOMICIDE CHARGES IN HIGH PROFILE NEW MEXICO CASES.
- 2009.09.23: Courts Continue Assault on the Rights Against Unlawful Search & Seizure
- 2009.09.22: Felony Pre Prosecution Probation Programs in New Mexico
- 2009.09.20: Domestic Violence Immigration Consequences
- 2009.09.19: The Right to Privacy In Your Car in New Mexico: More from State v. Ochoa
- 2009.09.18: Evidence Seized Under the Pretext of a Traffic Stop is Inadmissible
- 2009.09.17: Budget Crisis Causes the Closure of California Courts: Will New Mexico Follow Suit?
- 2009.09.16: The Right of Self-Defense in New Mexico
- 2009.09.15: Domestic Violence Calls in New Mexico: Someone is Going to Jail
- 2009.09.12: Quietly, New Policy Evolves on Medical Marijuana
- 2009.09.06: DWI/DUI Hotspots: Police to Use Mapping to Establish DWI/DUI Checkpoints
- 2009.09.05: U-Turn to Avoid DWI/DUI Checkpoint Creates Reasonable Suspicion for a Stop
- 2009.09.05: Immigration Consequences: Deportation for Minor New Mexico Criminal Offenses
- 2009.08.29: Target Letters: Criminal Defense at Grand Jury in New Mexico
- 2009.08.22: The Criminal Process: Pre-Indictment Criminal Investigations in New Mexico
- 2009.08.21: Governor Richardson is Pushing Stricter DWI Penalties in New Mexico
- 2009.08.15: DWI/DUI: License Revocation Under the New Mexico Implied Consent Act
- 2009.08.08: Police Questioning and Investigations in New Mexico
- 2009.08.01: Speedy Trial Rights in New Mexico
