The recent Gamble v. United States decision reminds us that the house always wins. This is quite a serious case, and horrible precedent, which is rather ironic, consider the Court’s reliance upon stare decisis to justify the ruling. Terrance Gamble was prosecuted in Alabama for being a felon in possession…
ObiterDictum
I don’t want to spend too much time on this case, but since this is a blog about NM appellate practice, Rebecca and I thought it was important to make sure we discussed what the courts do NOT want trial attorneys doing. The attorney in question, Daniel Salazar, got into…
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. James Madison’s words rang in my ears as I thought about the recent opinion the Court of Appeals rendered in State v. Wright; the opinion…
GandyDancer LLC v. Rock House CGM, LLC, No. S-1-SC-37201 The court is hearing arguments on whether a business can make use of the Unfair Practices Act against another business for anti-competitive practices that implicate consumer protection concerns, as held by the Court of Appeals. First, the Petitioner argues that the…
I’m only going to touch on one aspect of this decision, which is not intended as a disservice to the remainder of the court’s analysis, but this single part is more than complicated enough to make up one post. Plus, it which is an issue of first impression; specifically, whether…
What happens when winning a detention hearing results in more pre-trial detention for your client? This came to light recently in Molynda Brewer’s case, and it became an issue for this blog when the ACLU appealed her detention to the New Mexico Court of Appeals. In October, following an altercation…
It’s 2019, and it’s time for OD to get back on the horse. The NM Supreme Court has oral arguments today (1/30/19) in two cases: State v. Ordonez S-1-SC-36123The court is considering arguments on whether the Defendant, convicted of murder, understood the implications of waiving his Miranda rights. The trial…
Writ large, double jeopardy precludes multiple prosecutions for the same conduct, providing a haven from state (and federal) overreach …except when it doesn’t… The Supreme Court’s recent opinion in State v. Loza illustrates how a charge of racketeering acts as an an exception to the protection of double jeopardy. The…
This is our very first post! We start with a story that has been going on for three decades, and hopefully we can borrow a bit of that longevity! The facts underlying this case are fascinating. Maura Schmierer was the survivor of forced confinement by an alleged cult in California,…