New Mexico Class Action Law
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Yvonne Gott v. Robert Edward Gott
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Santa Fe, New Mexico divorce lawyers represented the parties in a marriage dissolution action involving child custody dispute.
{¶4} "Due process claims are not exempt from the fundamental requirement of preservation." Moody v. Stribling, 1999-NMCA-094, ¶ 45, 127 N.M. 630, 985 P.2d 1210. Mother acknowledges that she failed to preserve this issue in the district co... More...
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(01-24-2024 - NM)
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Thelonika McCollum v. Jason Shoberg
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Law Cruces, New Mexico divorce lawyers represented the parties in a marriage dissolution action involving a custody dispute.
{¶2} The parties underwent divorce and custody proceedings in the Third Judicial District Court beginning in 2016. In the course of those proceedings, Mother and Father agreed to a joint custody arrangement where they would exchange custody of th... More...
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(01-09-2024 - NM)
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Brian Slade v. Karin Lewandowski
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Albuquerque, New Mexico divorce lawyers represented the parties in a marriage dissolution action involving a dispute over responsibility for the payment of marital debt.
"In this divorce proceeding, Brian Slade (Husband) appeals the district court's determinations that (1) certain debt was Husband's separate debt, rather than debt of the community, and (2) Karina Lewan... More...
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(07-09-2024 - NM)
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Maile Soon v. Jeannine Kamman
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Albuquerque, New Mexico divorce lawyers represented the parties in a marriage dissolution action involving child custody.
We are reminded yet again that the touchstone of a custody adjudication in New Mexico is not genetics, gender, or family composition, but the best interest of the child. This case requires us to determine whether a person's admission to not bein... More...
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(07-25-2024 - NM)
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Autovest, L.L.C. v. Debra M. Agosto and Debbie M. Agosto
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Las Cruces, New Mexico consumer credit lawyer represented the Defendants sued for breach of contract on an auto purchase agreement.
{¶2} The financial journeys of Debra and Debbie Agosto, and Maria Estrada (collectively, Respondents) share a beginning familiar to many New Mexicans, the purchase of a car.[1] A buyer trades in their old car and signs a six-year fina... More...
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(08-20-2024 - NM)
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Pedro Amaro v. Corizon Health, Inc., et al.
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Albuquerque, New Mexico 1983 civil rights violation lawyer represented the Plaintiff.
In this prison civil rights action brought pursuant to 42 U.S.C. § 1983, Plaintiff-Appellant Pedro Amaro alleges he was denied appropriate dental care, in violation of the Eigth Amendment.
Proceedings in this action were stayed while Mr. Amaro and several defendants named in ... More...
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(08-19-2024 - NM)
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Angel Salcido v. City of Las Vegas, et al.
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Albuquerque, New Mexico civil rights law lawyer represented the Plaintiff who sued on a civil rights violation theory under 42 U.S.C. 1983.
On Sunday, November 8, 2020, sometime before 3:00 p.m., San Miguel County Sheriffs Office (SMCSO) Deputy Jayme Vigil was on patrol, traveling on Collins Drive in Las Vegas. (Doc. 87) at 4 (citing (Doc. 87-1)). Two ind... More...
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(07-31-2024 - NM)
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Jenna Sievers and Joel Sievers v. State Farm Mutual Automobile Insurance Company
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Albquerque, New Mexico insurance lawyer represented the Plaintiff who sued on a bad faith theory.
On August 16, 2017, Plaintiff Jenna Sievers (“Jenna”) was driving her 2011 Chevrolet Camero when it was struck from behind by another vehicle. ECF No. 1-1 ¶ 6. The collision forced Jenna's vehicle off the road and caused damage to the vehicle and injuries to Jenna. Id. ¶ ... More...
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(07-02-2024 - NM)
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United States of America v. Brian N.
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Albuquerque, New Mexico criminal defense lawyer represented the juvenile defendant charged with murder of a non-Indian and assault on an Indian.
On December 11, 1987, the government filed a motion to transfer proceedings from juvenile court to the federal district court. In January 1988 the district court held a telephonic hearing before a court reporter with counsel for the government a... More...
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(04-02-1990 - NM)
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Jordan Cooper, et al. v. Mani Khoshyomn, et al.
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Las Cruces, New Mexico, civil litigation lawyers represented the Plaintiff who sued the Defendants on breach of contract theories.
This case was filed in the Second Judicial District Court, D-202-CV-23-08070, and was removed the federal court by the Defendants.
Plaintiffs challenged the jurisdiction of the court and sought remand to the State District Court.
New Mexico l... More...
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(01-16-2024 - NM)
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Surendrakumar Bardoliwala v. Mike Hankey, et al.
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Albuquerque, New Mexico, immigration law lawyer represented the Plaintiff seeking a Writ of Mandamus to Adjudicate Visa Petition.
A mandamus action may be filed in court to compel USCIS, or any administrative agency, to act where there has been an unreasonable delay that causes harm to the applicant. A mandamus essentially forces the administrative government agency to act.... More...
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(01-25-2024 - NM)
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United States of America v. Jared Piepkorn
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Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with for selling wildlife taken in violation of state law, a Lacey Act violation.
Jared Piepkorn, age 47, of Clovis, New Mexico, was charged with one misdemeanor violation of the Lacey Act occurring in January 2021 after he agreed to also plead guilty in State District Court to several wildlife related charg... More...
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(09-12-2023 - NM)
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United States of America v. Mewbourne Oil Company
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Albuquerque, New Mexico environmental law lawyers represented Defendant accused of violating the Federal Clean Air Act and New Mexico law by allowing 11,000 tone of harmful pollutants to escape from oil and gas wells owned and operated by it in New Mexico and Texas.
Mewbourne Oil Company has agreed to pay a $5.5 million penalty and to spend at least $4.6 million for projects to ensure 422... More...
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(08-09-2023 - NM)
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Alicia Charlie v. Rehoboth McKinley Christian Health Care
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Albuquerque, New Mexico personal injury lawyers represented Plaintiffs who sued Defendant on a negligence theory claiming to have been injured and/or damages as a direct result of the disclosure of personal information caused by a data breach.
Plaintiffs filed this action in state court on June 4, 2021. Class Action Complaint, Doc. 2 (“Compl.”) at 3. Defendant removed it to federal co... More...
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(07-18-2023 - NM)
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Donald Thomas Sharp v. S. Hampton
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Albuquerque, New Mexico pro se Plaintiff sued Defendant without a lawyer on a civil rights theory.
This matter is before the Court on Plaintiff Donald Thomas Sharp's Criminal Complaint (Doc. 1). Also before the Court are his various motions seeking mandamus relief, to take action against the Public Defender, to amend, to enter evidence, to add defendants, and for an injunction. See D... More...
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(07-10-2023 - NM)
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Barbara Mohon v. Agentra, LLC
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Albuquerque, New Mexico consumer law lawyer represented Plaintiff who sued Defendants for violating the Telephone Consumer Protection Act. Federal Courthouse - Albuquerque, New Mexico More...
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(02-22-2023 - NM)
Raymond R. Rodarte v. GEICO General Insurance Company
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Albuquerque, New Mexico insurance lawyers represented Plaintiff, who sued Defend on a bad faith breach of contract theory claiming more than $145,000 in damages as a direct result of the denial by Defendant of his claim.
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(02-10-2023 - NM)
Stephanie Epstein v. BOKF, N.A.
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Albuquerque, New Mexico civil litigation lawyer represented Plaintiff, who sued Defendant on a breach of fiduciary duty theory claiming more than $75,000 as a direct result of Defendant's wrongful banking practices.
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(02-10-2023 - NM)
Ronald Howes v. New Mexico Department of Health, et al.
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Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on an employment discrimination theory.
"
Dr. Howes is a clinical psychologist... More...
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(01-31-2023 - NM)
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Adam Spak and Tracy Leuthauser v. Riturani, KS Majha Trans, LLC and Sikhandar Singh
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Albuquerque, New Mexico personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory
claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident.
Plaintiffs filed a civil action against Defendants in the Eighth Judicial District Court, County of Taos, New Mexico. Doc. 1 ¶ 1. On March 18, 2022, Defendan... More...
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(08-29-2022 - NM)
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Amanda Morales v. Supreme Maintenance Inc., Wade Hunt and Gloria Sanchez
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Albuquerque, New Mexico pro se Plaintiff, without a lawyer, sued Defendants on discrimination, wrongful termination and retaliation theories.
This case arises from the alleged discrimination, wrongful termination, and retaliation against Plaintiff Amanda Morales by her employer, Defendant Supreme Maintenance Inc. Plaintiff was employed as a janitorial worker by Supreme Maintenance fr... More...
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(06-24-2022 - NM)
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Jane Doe v. WW Healthcare, LLC, d/b/a Princeton Place, et al.
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Santa Fe, New Mexico personal injury lawyers represented Plaintiff, who sued Defendants on negligence theories claiming to have been injured and/or damaged as a direct result of being sexually assaulted by a coworker.
{¶1} Plaintiff Jane Doe filed a tort action against her former employer and a former coworker alleging that the coworker sexually assaulted her at work. After filing a... More...
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(06-28-2022 - NM)
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United States of America v. Lionel Vallo
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Albuquerque, New Mexico criminal defense lawyer represented defendant charged with be a felon possession of a firearm and ammunition in violation of 18 U.S.C. 922(g)(1).
ShotSpotter is an acoustic gunshot detection and location system, which operates by installing a series of sensors in an area to listen for the sound of gunfire, a type of impulsive noise. (May 10, 2022, Hr' Tr. (he... More...
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(06-14-2022 - NM)
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Audrey June Autrey v. Clint A. Autrey
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Albuquerque, New Mexico family law lawyers represented the parties to a divorce action.
In this divorce proceeding, Audrey June Autrey (Wife) appeals the district court's characterization of assets and debts as separate or community property and the division of marital assets and debts between her and Clint A. Autrey (Husband). Wife contends that twenty-eighty of the district court's... More...
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(04-05-2022 - NM)
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United States of America v. Asiel Christian Norton
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Albuquerque, New Mexico interfering with a fight crew member criminal defense lawyer represented Defendant, Asiel Christina Norton, age 43, from Venice, California.
On June 4 Norton was a passenger on a Delta Airlines flight from Los Angeles to Nashville. After takeoff, Norton allegedly rushed to the front of the aircraft and began pounding on the door to the flight deck. When a flight at... More...
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(06-10-2021 - NM)
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State of New Mexico v. Kenneth J. Pierre
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Santa Fe, NM - Criminal defense attorney represented Defendant on reckless child abuse resulting in great bodily harm charge.
Defendant resided with Ashley, with whom he was in an intimate relationship;
5 the couple’s young daughter; and J.A., Ashley’s seven-month-old son. After learning
6 Ashley had spoken with J... More...
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(05-23-2021 - NM)
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Southwest Organizing Project et al v. United States Department of the Air Force
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Albuquerque, New Mexico environmental law lawyer represented Defendant, Southwest Organizing Project, New Mexico Voices for Children, Mimi Stewart, Antoinette Sedillo Lopez, Andres Romero, Lucille Cordova, Reynaluz Juarez, and Dante Smith, who sued the United States Department of the Air Force under the Resource & Recovery Act.
42 U.S.C. 6901 provides:
(a) Solid wasteThe Congress... More...
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(03-15-2021 - NM)
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STATE OF NEW MEXICO v. JESSE LAWRENCE LENTE
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Albuquerque, NM - Criminal defense lawyer represented defendant JESSE LAWRENCE LENTE with denying his motion for reduction of sentence.
On appeal, Defendant maintains the district court erred by concluding that it
2 lacked jurisdiction to consider Defendants motion to reconsider his sentence, filed
3 under Rule 5-801(A)... More...
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(10-31-2020 - 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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STATE OF NEW MEXICO v. JULIAN SELPH
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Farmington, NM - Criminal defense lawyer represented defendant JULIAN SELPH charged with one count of criminal sexual contact of a minor (CSCM) under thirteen; twelve counts of criminal sexual penetration (CSP) of a child under thirteen; seven counts of criminal sexual contact of a minor (Person in Position of Authority (PPA)); and one count of bribery or intimidation of a ... More...
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(10-14-2020 - NM)
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United States of America v. Pueblo of Santa Aana; Pueblo of Jemez; Pueblo of Zia, et al.
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Santa Fe, New Mexico Indian water law attorneys
The Pueblos of Jemez, Santa Ana, and Zia have resided along the Jemez River
in northern New Mexico since time immemorial; they resided there as their lands
passed from Spanish sovereignty, to Mexican sovere... More...
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(09-30-2020 - NM)
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Rosalie Gallegos v. Social Security Administration
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Albuquerque, New Mexico social security disability lawyer represented claimant for SSID benefits.
Rosalie Gallegos sued the Social Security Administration seek review of the denial by HHS of her application for SSID benefits.
04/30/2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6408821 re 1 Complaint filed by Rosalie Gallegos (Payment made via Pay.gov)(... More...
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(09-11-2020 - NM)
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United States of America v. Francisco Armando Martinez
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The Fourth Amendment protects citizens from unreasonable seizures by law
enforcement. If an inquisitive agent approaches someone who does not want to
respond, all the person must do is say so. But if one voluntarily answers an agents
non-coercive questions, the conversation falls outside the scope of the Fourth
Amendment even if, as is the case here, it reveals a crime. Defendant ... More...
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(11-20-2019 - NM)
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Sara Aranda Castillo v. Vista Living Community
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Albuquerque, NM - Sara Aranda Castillo sued Vista Living Community on a civil rights employme... More...
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(08-20-2019 - NM)
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Dine Citizens Against Ruining Our Environment v. David Bernhardt; United States Department of Land Management
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In this case, we are asked to decide whether the Bureau of Land Management
violated the National Historic Preservation Act (NHPA) and the National
Environmental Policy Act (NEPA) in granting more than 300 applications for permits
to drill horizontal, multi-stage... More...
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(05-07-2019 - 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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United States of America v. Mark Hopkins
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Dr. Mark Hopkins filed a motion under 28 U.S.C. 2255 to vacate his 2010
conviction and sentence for tax evasion. Before his trial, the district court ordered him to
make monthly payments into the courts registry to ensure he was complying with federal
tax law... More...
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(04-08-2019 - NM)
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United States of America v. Michael Dalton
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In 2017, Michael Dalton was convicted by a jury of being a felon in possession
of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(e). Dalton challenges his
conviction on several evidentiary grounds. We agree with only one of Daltons
argumentsthat the distri... More...
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(03-21-2019 - NM)
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Ismael Lopez v. Delta International Machinery Corporation
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After he was injured in Texas by a table saw manufactured by defendant Delta
International Machinery Corporation (Delta), plaintiff Ismael Lopez brought this products
liability action in New Mexico state court against Delta and several related entities. The
defendant... More...
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(02-28-2019 - NM)
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Darlene Collins v. Charles W. Daniels, et al.
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This is a 1983 case that challenges the constitutionality of New Mexicos
system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of
New Mexico (BBANM), and five New Mexico state legislators (the Legislator
Plaintiffs) allege that ... More...
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(02-26-2019 - NM)
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