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State of New Mexico v. Jessica Vasquez
Date: 11-18-2024
Case Number: S-1-SC-39474
Judge: Melissa A. Kennedy
Court: District Court, Taos County, New Mexico
Plaintiff's Attorney: Taos County, New Mexico District Attorney's Office
Defendant's Attorney:
Click Here For The Best Taos Criminal Defense Lawyer Directory
Description:
Taos, New Mexico criminal defense lawyer represented the rights on a civil rights theory.
A district court judge in rural New Mexico noticed a pattern of warrantless searches and seizures throughout her docket, where the resulting evidence formed the basis for the State's prosecution. In New Mexico, a warrantless search is presumptively unconstitutional and subject to rebuttal by the State, yet there appeared to be a clear failure by trial counsel to challenge how the evidence was obtained. The district court (on its own) filed a series of orders setting suppression hearings in thirty cases.
The freedom from illegal search and seizure is a fundamental right.
State v. Vargas, 2017-NMSC-029, ¶ 14, 404 P.3d 416 (internal quotation marks omitted) (quoting State v. Gomez, 1997-NMSC-006, ¶ 31 n.4, 122 N.M. 777, 932 P.2d 1).
State v. Vasquez, S-1-SC-39474 (N.M. Nov 18, 2024)
A district court judge in rural New Mexico noticed a pattern of warrantless searches and seizures throughout her docket, where the resulting evidence formed the basis for the State's prosecution. In New Mexico, a warrantless search is presumptively unconstitutional and subject to rebuttal by the State, yet there appeared to be a clear failure by trial counsel to challenge how the evidence was obtained. The district court (on its own) filed a series of orders setting suppression hearings in thirty cases.
The freedom from illegal search and seizure is a fundamental right.
State v. Vargas, 2017-NMSC-029, ¶ 14, 404 P.3d 416 (internal quotation marks omitted) (quoting State v. Gomez, 1997-NMSC-006, ¶ 31 n.4, 122 N.M. 777, 932 P.2d 1).
State v. Vasquez, S-1-SC-39474 (N.M. Nov 18, 2024)
Outcome:
Remand with instructions to decide the case.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of New Mexico v. Jessica Vasquez?
The outcome was: Remand with instructions to decide the case.
Which court heard State of New Mexico v. Jessica Vasquez?
This case was heard in District Court, Taos County, New Mexico, NM. The presiding judge was Melissa A. Kennedy.
Who were the attorneys in State of New Mexico v. Jessica Vasquez?
Plaintiff's attorney: Taos County, New Mexico District Attorney's Office. Defendant's attorney: Click Here For The Best Taos Criminal Defense Lawyer Directory.
When was State of New Mexico v. Jessica Vasquez decided?
This case was decided on November 18, 2024.