Latest news with #SupremeCourtofNewMexico
Yahoo
08-05-2025
- Yahoo
New Mexico Supreme Court reverses Whistleblower Protection ruling
Supreme Court of New Mexico: (from left) Justice Julie J. Vargas, Justice Michael E. Vigil, Chief Justice David K. Thomson, Justice C. Shannon Bacon, and Justice Briana H. Zamora. (Photo courtesy of the Supreme Court.) The state Supreme Court on Thursday issued a unanimous opinion it says reconciles conflicting rulings by the Court of Appeals regarding the state's Whistleblower Protection Act. Specifically, the new opinion says for a public employee to receive protection under the act, disclosures about wrong or illegal actions by a public employer must benefit the public in some way. While case law is 'sparse' regarding the Whistleblower Protection Act, the opinion says, the Appeals Court decision in the case of corrections officer Manuel Lerma conflicted with one of its earlier rulings, the state Supreme Court said, and too narrowly interpreted the law. Lerna, who had 16 years' experience with the New Mexico Corrections Department, transferred to a new facility where he guarded the prison's sally port and ensured, as 'safety protocol' that one side of the dual-gate system remained closed when the other was open. dual-gate system was to have one gate closed when opening the other gate as a 'safety protocol.' Lerna's 'strict' enforcement of this protocol led to 'disagreement' between him and other transportation division corrections officers, who wanted him to leave both gates open 'at the same time…so they could come and go as they pleased.' Lerna alleges that 'one day while he was driving home from the prison, his vehicle 'kept [being] block[ed]' when it was sandwiched between two vehicles, each driven by a DOC employee, causing him to pull his vehicle over and stop in an empty lot. Plaintiff, 'fearing for [his] life,' was beaten by a fellow corrections officer. A prison supervisory lieutenant filmed the altercation using his agency-issued cell phone.' Lerna reported both the pushback on the protocol and the violent episode, and Corrections cited and disciplined two people involved for what the department acknowledged as 'egregious conduct.' Lerna, however, contends he was reassigned after disclosing as retaliation. He subsequently filed a lawsuit citing violations of whistleblower protections, which a district court dismissed in response to Corrections Department arguments that Lerma's grievances were personal and not covered by the act. Lerma challenged the district court's summary judgement against him and the Appeals Court ruled in his favor, saying his grievances did not have to be for the benefit of the public. This, the state Supreme Court said in its opinion today, is incorrect. 'A public employee's disclosure of illegality or wrongdoing qualifies for protected whistleblower status, if otherwise eligible, so long as the disclosure confers a benefit on the public, irrespective of which benefit – public or personal – may be said to predominate,' the opinion written by Chief Justice David K. Thomson said. The court returned the case to the Appeals Court to decide if Lerma qualifies for whistleblower protection under that standard of public benefit.
Yahoo
28-04-2025
- Yahoo
New Mexico Supreme Court orders new trial for 2 men convicted in deadly shooting
VALENCIA COUNTY, N.M. (KRQE) – The Supreme Court of New Mexico vacated the convictions of two men who were found guilty of murder and other offenses related to a deadly shooting in Valencia County in 2019. In a unanimous decision, the court concluded that a district court wrongly excluded an eyewitness from being called to testify at trial, which deprived Jesus Garcia and Alexandro Montelongo-Murillo of their constitutional right to present a defense. Story continues below Community: NM Dancewear closes its doors for good, leaving hole in dance community Food: Los Ranchos restaurant named best spot for brunch in the state by Yelp Crime: ABQ woman frustrated, two vehicles stolen from hospital parking lot days apart Film: Do you recognize these 'El Camino: A Breaking Bad Movie' filming locations? The witness, Lorenzo Montaño, was a neighbor who saw the drive-by shooting and identified a man who was never charged in the crime as one of the assailants, according to a news release from the Administrative Office of the Courts. The district court excluded Montaño as a witness after conducting a hearing, concluding that the defense failed to comply with a requirement in the rules of criminal procedure to identify its witnesses by name and address within 30 days after the arraignment of a defendant. The trial court also found it prejudicial to the prosecution for the defense to wait until just before trial to identify a witness. The Supreme Court determined that the defense met the requirements for notifying the prosecution of witnesses and that 'neither the State nor the defense is required to retype the names and addresses of an opposing party's witnesses onto their witness list' under procedural rules. 'As Defendant Garcia persuasively argues, there is little doubt that Montaño's testimony was crucial to the defense because he was an eyewitness to the homicide at issue and he would testify that someone else – a plausible alternate suspect – committed the crime. This evidence is quintessential exculpatory evidence that, if believed, could completely change the outcome of trial,' the court wrote in an opinion by Justice Julie J. Vargas. The court also rejected a defense argument that the surviving brother's identification of the defendants should be suppressed. A jury convicted Garcia and Montelongo-Murillo of first-degree murder, conspiracy to commit first-degree murder and attempted first-degree murder. They were each sentenced to life imprisonment for murder and an additional 18 years for the other offenses. The Supreme Court of New Mexico ordered a new trial. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
New York Post
23-04-2025
- Politics
- New York Post
Dem Judge Joel Cano banned by New Mexico Supreme Court after alleged Tren de Aragua gang member arrested in his home
A Democratic New Mexico judge who had an alleged Tren de Aragua gang member living in his home, has been permanently banned from the bench by his colleagues, according to state Supreme Court documents. Jose 'Joel' Cano resigned in March after agents from the Department of Homeland Security arrested suspected TdA gang member Cristhian Ortega-Lopez from Cano's home in February. 4 New Mexico judge, Joel Cano, resigned from the bench after an alleged Tren de Aragua gang member, Cristhian Ortega-Lopez, was arrested at his home. Donaanademocrats Advertisement 4 The Supreme Court of New Mexico has banned Cano after the incident. New Mexico Supreme Court The discipline makes it so Cano 'can never hold a judicial office again, be a candidate for a judicial office, and cannot exercise any judicial authority in the state.' The ban even bars Cano from officiating weddings in the state. Advertisement 4 Cristhian Ortega-Lopez has been linked to the Tren de Aragua gang by ICE officials. U.S. Immigration and Customs Enforcement 4 Ortega-Lopez was arrested in Cano's home. U.S. District Court for the District of New Mexico The discipline, handed down by the Supreme Court of New Mexico, forestalls disciplinary hearings scheduled for Thursday. Investigators found pictures on social media of Ortega-Lopez, 23, eating dinner with Cano's family and posing for Christmas pictures in 2024. Cano is wearing a cowboy hat and a bolo tie, Ortega-Lopez is wearing a classic New York Yankees baseball cap and a collared shirt that conceals his neck tattoos, the very tattoos that investigators say reveal his gang affiliation.
Yahoo
18-02-2025
- Politics
- Yahoo
NM Supreme Court stands by DEI
Supreme Court of New Mexico: (from left) Justice Julie J. Vargas, Justice Michael E. Vigil, Chief Justice David K. Thomson, Justice C. Shannon Bacon, and Justice Briana H. Zamora. (Photo courtesy of the Supreme Court.) In a statement released Tuesday, the New Mexico Supreme Court reaffirmed its commitment to diversity, equity and inclusion within the justice system. The court's statement comes amid the Trump administration's actions cutting DEI initiatives and funding. The Court opened a public letter by observing that the wood above where the justices sit in the courtroom has the words 'Dedicated to the Administration of Equal Justice Under Law' carved into it. 'For 123 years, these words have served as a guidepost to the Justices and a promise to all New Mexico,' the Court wrote. 'As we face challenges and pushback at the federal level against inclusivity efforts, the Supreme Court of New Mexico affirms our commitment to these values. As stewards of justice, we recognize that a just legal system must reflect and respect the diverse communities that it serves. 'We remain devoted to eliminating barriers to justice, promoting equal access, and ensuring that every individual is treated with dignity and fairness regardless of race, ethnicity, color, gender, sexual orientation, gender identity, indigency status, physical, mental, or developmental disability or condition, age, English language proficiency, parenting status, or pregnancy.' Read the full letter here. A news release from the Administrative Office of the Courts noted that the creation of its Commission on Equity and Justice in 2020, followed by: • an order requiring state courts to use an individual's name and their designated personal pronouns and salutations. • a statewide Equity, Inclusion and Justice Program within the Administrative Office of the Courts that has made presentations to magistrate, municipal, probate and district court judges to help them identify and address inequity in the judicial process.
