New Mexico Fourth Amendment Law

<h2> <center> State of New Mexico v. Nadine Judith Gonzales </h2> </center>

Albuquerque, New Mexico, criminal defense lawyer John McCall represented the Defendant charged with Shoplifting (Over $2,500 but not more than $20,000) and Conspiracy to Commit Shoplifting (Over $2500, Less than $20,000) 30-16-20 provides: A. Shoplifting consists of one or more of the following acts: (1) willfully taking possession of merchandise with the intention of converting it withou... More...

$ (04-28-2026 - NM)
Samaritan Ministries International, et al. v. Alice T. Kane

Albuquerque, New Mexico, civil rights lawyer represented the Plaintiffs claiming religious discrimination.<br> <br> The Affordable Care Act ("ACA”) contains an insurance mandate that requires applicable individuals to maintain minimum essential coverage. Samaritan Ministries International ("Samaritan”) is a nonprofit healthcare sharing ministry ("HCSM”) whose members are exempt f... More...

$0 (10-09-2025 - NM)
United States of America v. Raul Guzman

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with felony possession of a firearm. <br> <br> In September 2022, Albuquerque Police Officers Walker Marion and<br> Alex Castellano accompanied Christopher Armenta, a city code enforcement<br> supervisor, to inspect Mr. Cannon's property for compliance with Albuquerque's<br> housing code. Upon entering the property, ... More...

$0 (08-08-2025 - NM)
Rowena Tachas; Monique Dereta v. Dana Sanders, et al.

Las Cruces, New Mexico civil rights lawyers represented the Plaintiffs who sued under 42 U.S.C. § 1983, alleging that Sanders violated their First Amendment rights by threatening frivolous legal action against them in retaliation for their speech.<br> <br> Dana Sanders was the Superintendent of the Los Lunas, New Mexico Public Schools when Rowena Tachias and Monique Dereta created a Facebook pa... More...

$0 (03-10-2025 - NM)
United States of America v. Pedro Solis-Rodriguez

Albuquerque, New Mexico criminal defense lawyer represented the Defendans charged with unrelated drug offenses.<br> <br> Appellants Pedro Solis-Rodriguez and Richard Wilborn (collectively, "Appellants”) pleaded guilty to unrelated drug offenses. The same district court judge in the United States District Court for the District of New Mexico accepted their plea agreements and sentenced them a... More...

$0 (03-12-2025 - NM)
United States of America v. Christopher Kee

Albquerque, New Mexico criminal defense lawyer represented the Defendant charged with assault and battery in Indiana country.<br> <br> Christopher Kee was convicted and sentenced for assaulting and battering his girlfriend in April of 2020 in Shiprock New Mexico.<br> <br> Kee claimed that his due process rights were violated under Doyle v. Ohio, 426 U.S. 610 (1976), which provides:<br> <br> Despit... More...

$0 (02-27-2025 - NM)
Perla Enriquez, et al. v. Jared Cosper, et al.

Las Cruces, New Mexico, civil rights lawyer represented the Plaintiff who sued on a personal injury wrongful death civil rights violation theory.<br> <br> This case arises from the fatal shooting of Amelia Baca, a 75-year-old, mentally diminished woman in Las Cruces, New Mexico. The Estate filed a complaint alleging that the police officer who shot her acted with excessive force in violation of th... More...

$0 (02-24-2025 - NM)
State of New Mexico v. Jason Henderson

Roswell, New Mexico criminal defense lawyer represented the Defendant charged with criminal sexual penetration (CSP) in the second degree (armed with a deadly weapon) (Count 1), NMSA 1978, § 30-9-11(E)(6) (2009); CSP in the second degree (results in personal injury) (Count 2), § 30-9-11(E)(3); aggravated battery against a household member (strangulation<br> or suffocation) (Count 3), NMSA 1... More...

$0 (02-20-2025 - NM)
United States of America v. Vicente Villela

Albuquerque, New Mexico criminal defense lawyer represented the Defendant in a revocation of supervised release proceeding.<br> <br> In 2023, Defendant-Appellant Vicente Villela was serving two concurrent<br> terms of supervised release. He violated his conditions of supervision on four<br> separate occasions. After the fourth violation, the district court revoked both of<br> Mr. Villela's supervi... More...

$0 (12-23-2024 - NM)
United States of America v. Vincente Villela

Denver, Colorado criminal defense lawyer represented the Defendant charged with violating the conditions of supervised release.<br> <br> In 2023, Defendant-Appellant Vicente Villela was serving two concurrent<br> terms of supervised release. He violated his conditions of supervision on four<br> separate occasions. After the fourth violation, the district court revoked both of<br> Mr. Villela's su... More...

$0 (12-23-2024 - NM)
State of New Mexico v. Donovan Houidobre

Carlsbad, New Mexico criminal defense lawyer represented the Defendant writ of habeas corpus case.<br> <br> <br> Does the Earned Meritorious Deductions Act (EMDA) create a liberty interest protected by the Due Process Clause of the Fourteenth Amendment. NMSA 1978, § 33-2-34 (2015); see Miller v. Tafoya, 2003-NMSC-025, ¶¶ 12, 23, 134 N.M. 335, 76 P.3d 1092. In this case, we discuss the differe... More...

$0 (11-18-2024 - NM)
State of New Mexico v. Maury Montel Elliot a/k/a Maury Montel Elliott

Santa Fe, New Mexico criminal defense lawyer represented the Defendant charged wwith contributing to the delinquency of a minor.<br> <br> Defendant Maury Montel Elliott appeals his convictions for contributing to the delinquency of a minor (CDM), contrary to NMSA 1978, Section 30-6-3 (1990); and criminal sexual penetration in the commission of a felony (CSP II-felony), contrary to NMSA 1978, Secti... More...

$0 (11-19-2024 - NM)
Pedro Amaro v. Corizon Health, Inc., et al.

<h2><br> Albuquerque, New Mexico 1983 civil rights violation lawyer represented the Plaintiff.<br> </h2><br> <br> 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.<br> <br> Proceedings in this action were stayed while Mr. Amaro and several defendants named i... More...

$0 (08-19-2024 - NM)
<h1> United States of America v. Brandon Sanchez </h1>

<font color="red"><b><h2><center> Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with Series of Armed Robberies </font </color="red"></b></center></i></i><b><center></i><br> <b> </b> U.S. Attorney Announces Sentencing of Albuquerque Man for Series of Armed Robberies</h2></center></b></b> </h2></center></b><br> <br> In 2020, Brandon Sanchez, 30, was cha... More...

$0 (08-07-2024 - NM)
United States of America v. Anthony Buntyn

<h2><br> Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with violating the rights of a pretrial detainee.<br> <br> The conditions developed while Mr. Anthony Buntyn transported the detainees in a van to various detention facilities. The conditions led the government to charge Mr. Buntyn with willfully violating the detainees' rights under the Fourteenth Amendmen... More...

$0 (06-18-2024 - NM)
United States of America v. Brian N. </center<

Albuquerque, New Mexico criminal defense lawyer represented the juvenile defendant charged with murder of a non-Indian and assault on an Indian.<br> <br> 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...

$0 (04-02-1990 - NM)
Leighann Marquez v. Robert Baca, et al.

Albuquerque, New Mexico, insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of contract theory.<br> <br> This case was filed in the Fourth Judicial District Court and was removed to federal court by the Defendants.<br> <br> Plaintiff challenged removal and sought remand.<br> <br> New Mexico recognizes the tort of bad faith delay or refusal to pay a valid c... More...

$0 (01-12-2024 - NM)
State of New Mexico v. Alec Baldwin

Santa Fe, New Mexico criminal defense lawyers are representing Defendant, Alex Baldwin, who is charged with involuntary manslaughter in the death of Halyna Hutchinson on the movies set of "Rust" in 2021.<br> <br> Defendant has or will plead not guilty.<br> <br> Baldwin has consistently said that the did not know the gun was loaded and that he did not put the trigger on the revolver.<br> <br> Older... More...

$0 (07-13-2024 - NM)
United States of America v. Jared Piepkorn

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with for selling wildlife taken in violation of state law, a Lacey Act violation.<br> <br> 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...

$0 (09-12-2023 - NM)
Alicia Charlie v. Rehoboth McKinley Christian Health Care

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.<br> <br> Plaintiffs filed this action in state court on June 4, 2021. Class Action Complaint, Doc. 2 ("Compl.”) at 3. Defendant removed it to federal ... More...

$0 (07-18-2023 - NM)
De Anza Angel Dimas v. Pecos Independent School District Board of Education, et al.

Albuquerque, New Mexico civil rights lawyers represented Plaintiff who sued Defendants claiming that they violated her constitutional rights<br> <table> <h1> <center> <P> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2020/08/AlbuquerqueFed.jpg" alt="Federal Courthouse - Albuquerque, New Mexico"> <P> Federal Courthouse - Albuquerque, New Mexico <P> <a font="red" href="https://ww... More...

$0 (03-20-2023 - NM)
United States of America v. Billy George West

Roswell, New Mexico criminal defense lawyer represented Defendant charged with enticement of a minor.<br> <table><br> <h1><br> <center><br> <P><br> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2023/02/Rosswell_NM_Fed.gif" alt="Federal Courthouse - Roswell, New Mexico"><br> <P><br> Federal Courthouse - Roswell, New Mexico<br> <P><br> <a font="red" href="https://www.morelaw.com/... More...

$0 (02-21-2023 - NM)
State of New Mexico v. Alec Baldwin, et al.

Santa Fe, New Mexico criminal defense lawyer represented Defendant charged with involuntary manslaughter.<br> <table><br> <h1><br> <center><br> <a font="red" href="https://www.morelaw.com/newmexico/news/santafe/" target="_new">MoreLaw Legal News For Santa Fe</a><br> </font><br> </center><br> </h1><br> </table><br> </center><br> Alec Baldwin and his film's weapons supervisor will be charged with in... More...

$0 (01-19-2023 - NM)
United States of America v. Julian Lucas Garcia

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with assault resulting in serious bodily injury, one count of operating an off-highway vehicle while under the influence of intoxicating liquor or drugs resulting in bodily injury, and one count of operating an off-highway vehicle on a paved road resulting in bodily injury.<br> <br> On July 4, 2019, on the Ohkay Owingeh ... More...

$0 (06-29-2022 - NM)
Erika Tafoya v. State of New Mexico

Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on negligence theories.<br> <br> THIS MATTER comes before the Court on the State of New Mexico, Children Youth & Families Department's Motion to Dismiss Plaintiff's First Amended Complaint, filed July 17, 2020 (Doc. 21)("MTD"). The Court held a hearing on October 6, 2020. See Clerks' Minutes, at 1, filed October... More...

$0 (02-04-2021 - NM)
United States of America v. Diane Mariani

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with willful failure to collect or pay over tax.<br> <br> Until 2015, Diane Mariani, age 66, of Taos, was co-owner, operator and treasurer of Taos RPM LLC, and beginning in 2015 Mariani, was co-owner, operator, and treasurer of Mountain Resort Management, Inc., in Taos, New Mexico. Mountain Resort Management did business... More...

$0 (05-19-2022 - NM)
Voncil Spigner and Donald Spigner v. Sandeep Singh, PB30 Transport, Inc. and Jawad Alwan

Albuquerque, NM: Personal injury truck wreck lawyer represented Plaintiffs, who sued Defendants on auto negligence and respondeat superior theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by Defendant. <br> <br> This case was initially filed in the Fourth Judicial District Court, 20cv84, and was removed to federal court b... More...

$0 (07-19-2021 - NM)
State of New Mexico v. Jason Cory Barber

<center><h2><font color="red"> Albuquerque, NM - Criminal defense attorney represented Jason Cory Barber with a suppressing evidence claim. </h2></font></b></i></center><br> <br> The property at issue was a residential home (the Residence) owned by Phaisal <br> 5 Sukhani and his business partner. Prior to September 2017, Sukhani leased the <br> Residence to Michael Silva. 6 1 Defendant began info... More...

$0 (05-23-2021 - NM)
State of New Mexico v. Manual Sandoval

<center><h2><font color="red"> Albuquerque, NM - Criminal defense attorney represented MANUAL SANDOVAL with a receiving stolen property charge. </h2></font></b></i></center><br> <br> <br> Defendant appeals his conviction for receiving stolen property contrary to <br> 19 NMSA 1978, Section 30-16-11 (2006). We issued a notice of proposed summary <br> 20 disposition in this matter proposing to affi... More...

$0 (05-23-2021 - NM)
State of New Mexico v. Laverna Coker

<center><h2><font color="red"> Albuquerque, NM - Criminal defense attorney represented LAVERNA COKER with a possession of methamphetamine charge. </h2></font></b></i></center><br> <br> This matter was submitted to the Court on the brief in chief pursuant to the <br> 19 Administrative Order for Appeals in Criminal Cases Involving the Law Offices of <br> 20 the Public Defender, from the Eleventh Ju... More...

$0 (05-23-2021 - NM)
State of New Mexico v. Johnathan Lujan-Sierra

<center><h2><font color="red"> Albuquerque, NM - Criminal defense attorney represented Johnathon Lujan-Sierra with a child solicitation by electronic communication device (child solicitation), and appearing for a meeting with a child under thirteen years of age charge. </h2></font></b></i></center><br> <br> 13 {2} Given that the parties are familiar with the facts and details of this case, this <... More...

$0 (05-23-2021 - NM)
State of New Mexico v. Jeremiah Yazzie-Miller

<center><h2><font color="red"> Albuquerque, NM - Criminal defense attorney represented JEREMIAH YAZZIE-MILLER with a child abuse resulting in great bodily harm charge. </h2></font></b></i></center><br> <br> While we note that Defendant has moved this Court to amend his docketing <br> 2 statement, Defendant's proposed amendment raises no new issues but merely <br> 3 reasserts facts previously disc... More...

$0 (05-23-2021 - NM)
State of New Mexico v. Christopher Heh

<center><h2><font color="red"> Albuquerque, NM - Criminal defense attorney represented CHRISTOPHER HEH with possession of a stolen motor vehicle and possession of burglary tools charges</h2></font></b></i></center><br> <br> The opinion filed January 6, 2021, is hereby withdrawn, and this opinion is <br> 21 substituted in its place. A jury convicted Defendant Christopher Heh of possession <br> 22 o... More...

$0 (04-24-2021 - NM)
STATE OF NEW MEXICO v. CHRISTOPHER VALDIVIA

<h2><font color="black"> 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 </h2></font><br> <br> Officer Veronica De La O of the Las Cruces Police Department testified at<br> 6 the suppression hearing as follow... More...

$0 (10-14-2020 - NM)
STATE OF NEW MEXICO v. JULIAN SELPH

<h2><font color="black">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...

$0 (10-14-2020 - NM)
United States of America v. Pueblo of Santa Aana; Pueblo of Jemez; Pueblo of Zia, et al.

Santa Fe, New Mexico Indian water law attorneys<br> <br> <center><br> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/08/Santa_Fe_Fed.gif"><br> </center><br> <br> The Pueblos of Jemez, Santa Ana, and Zia have resided along the Jemez River<br> in northern New Mexico since time immemorial; they resided there as their lands<br> passed from Spanish sovereignty, to Mexican sovere... More...

$0 (09-30-2020 - NM)
United States of America v. Dain Justin Adams

Las Cruces, NM - The United States of America charged Dain Justin Adams with distribution, receipt and possession of child porn.<br> <br> A federal jury in Las Cruces, New Mexico returned a verdict on January 28 convicting Dain Justin Adams, 38, of Roswell, New Mexico, of child pornography charges including distribution, receipt, and possession of sexually explicit material.<br> <br> ... More...

$0 (01-30-2020 - NM)
United States of America v. Francisco Armando Martinez

The Fourth Amendment protects citizens from unreasonable seizures by law<br> enforcement. If an inquisitive agent approaches someone who does not want to<br> respond, all the person must do is say so. But if one voluntarily answers an agent’s<br> non-coercive questions, the conversation falls outside the scope of the Fourth<br> Amendment even if, as is the case here, it reveals a crime. Defendan... More...

$0 (11-20-2019 - NM)
Dine Citizens Against Ruining Our Environment v. David Bernhardt; United States Department of Land Management

<center><br> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"><br> </center><br> <br> In this case, we are asked to decide whether the Bureau of Land Management<br> violated the National Historic Preservation Act (NHPA) and the National<br> Environmental Policy Act (NEPA) in granting more than 300 applications for permits<br> to drill horizontal, multi-stage... More...

$0 (05-07-2019 - NM)
Roxanne Torres v. Janice Madrid; Richard Williamson

<center><br> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"><br> </center><br> <br> In this excessive-force case, Roxanne Torres appeals from a district court order<br> that granted the defendants’ motion for summary judgment on the basis of qualified<br> immunity. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.<br> BACKGROUND<br> Early in th... More...

$0 (05-02-2019 - NM)