Latest news with #NewMexicoSupremeCourt
Yahoo
25-06-2025
- Yahoo
New Mexico Supreme Court orders a pause in the trial for two former firefighters accused of rape
ALBUQUERQUE, N.M. (KRQE) – The rape trial against two former Albuquerque firefighters was scheduled to last all week, but has now been put on pause while the New Mexico Supreme Court determines whether the charges against them are valid. Aden Heyman and Anthony Martin are accused of sexually abusing a woman while off duty at a party. Story continues below Trending: Consulting company hired to create plan to redevelop New Mexico State Fairgrounds KRQE Investigates: Former APD officer tied to DWI scandal now working in Durango KRQE Investigates: 'DWI King' cashing in while his cases crumble Entertainment: Why is New Mexico a Netflix production hub? Investigators said Heyman, Martin and another former firefighter, Angel Portillo, took turns raping the woman in Martin's home before she escaped out of a window. Wednesday morning, Judge Britt Baca informed the court about the supreme court's decision. The jury has been put in recess until Friday, but as of now there is no mistrial. The supreme court is reviewing a claim by the defense, alleging the grand jury that indicted the defendants, did so based on flawed instructions by the state. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
10-06-2025
- Politics
- Yahoo
Bishop's Lodge wastewater permit process on hold until further action from state Supreme Court
The New Mexico Supreme Court on Monday ordered the state Environment Department to halt its wastewater discharge permit process for Bishop Lodge until justices take further action on a matter that continues to cause spirited debate in Tesuque. A community group called Protect Tesuque opposes a request by the luxury resort north of Santa Fe for a new permit for its wastewater treatment plant; the group petitioned the court in April to halt the permit process, arguing the Environment Department should apply a more stringent law when considering the request. A two-day public hearing was held last month on the draft permit as part of the Environment Department's administrative process, drawing numerous people who presented arguments on both sides of the issue. A hearing officer is expected to make a recommendation to Environment Department Secretary James Kenney, who will have the final say. Bishop's Lodge has built a new plant on its property to treat wastewater and an on-site leach field to discharge the treated effluent. But the plan has drawn sustained pushback from residents concerned about the proximity of the leach field to Little Tesuque Creek. Protect Tesuque's petition argues the Environment Department should apply the state's liquid waste regulations rather than ground and surface water protections. The legal argument from Protect Tesuque involves the testing of Bishop's Lodge's discharge for contaminants. The group's attorney, Thomas Hnasko, has argued the Environment Department is applying the 1967 New Mexico Water Quality Act to discharges greater than 5,000 gallons a day, rather than the 1971 Environmental Improvement Act. Bishop's Lodge representatives argue the resort's plan to use the leach field is environmentally sound and will comply with state and federal environmental standards. Treated water will be used for irrigation on the property during parts of the year. The state filed a motion asking the Supreme Court to dismiss Protect Tesuque's "request for stay." Legal counsel for the Environment Department could not be immediately reached for comment Monday evening. Jorge Armando Estrada, a spokesperson for the Environment Department, wrote in a previous email, 'The New Mexico Environment Department remains confident in its legal position that Bishop Lodge's wastewater treatment system is subject to state ground and surface water quality regulations. NMED has consistently found that the facility meets or exceeds all applicable state water quality standards."
Yahoo
05-06-2025
- Yahoo
NM Supreme Court finds error in sentencing of Ruidoso man convicted of murder, armed robbery
RUIRUIDOSO, N.M. (KRQE) – The New Mexico Supreme Court found that a district court made an error by imposing a three-year firearm enhancement on a man who was sentenced for a deadly shooting in Ruidoso in 2019. Travis Nolan was convicted of first-degree murder, armed robbery, and tampering with evidence for the death of Christopher Williams. Nolan was sentenced to life in prison plus fifteen years, including a three-year sentence enhancement for using a firearm in the commission of the armed robbery. Story continues below Community:ABQ bus driver speaks out on her experience of safety issues on Central route News:Homeland Security: 11 people arrested at New Mexico dairy were 'undocumented' Trending:Mexican gray wolf Asha gives birth to litter of pups Food: Two Albuquerque restaurants make Yelp's 'Top 50 Cheap Eats' list The court remanded the case to the trial court for resentencing because the justices concluded that a one-year sentencing enhancement, rather than three years, should have been imposed on Nolan for using a firearm to commit armed robbery. State law requires a one-year firearm enhancement if the offense is the defendant's first felony. The New Mexico Supreme Court did, however, still affirm Nolan's convictions. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
24-05-2025
- Yahoo
Retrial date set for Portales daycare owners charged with child's death
PORTALES, N.M. (KRQE) – A retrial date has been set for two Portales daycare owners who were charged with a child's hot car death. Mary and Sandi Taylor were initially convicted of reckless child abuse in 2019 after leaving the two children in a hot car for nearly three hours in 2017. As a result, one of those children died, and the other suffered severe brain damage as a result. 'Rust' armorer convicted in cinematographer's death released from prison The Taylors later appealed their conviction and March 2024, the New Mexico Supreme Court ordered a new trial for the pair. The trial is now scheduled for Sept. 30, 2025. Both women are out of custody while they await their retrial. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
15-05-2025
- Politics
- Yahoo
NM Supreme Court rules alleged crime victims don't need to disclose visa applications
The New Mexico Supreme Court on Nov. 20, 2023 in Santa Fe. (Photo by Austin Fisher / Source NM) The New Mexico Supreme Court on Thursday ruled unanimously that criminal defendants are not entitled to visa applications from their alleged victims who are seeking protections from deportations as part of their testimonies. So-called U and T visas allow non-citizen crime victims to report crimes and testify against perpetrators without fear of being deported. Approved visas allow victims temporary stays in the United States and also a potential avenue to lawful permanent resident status. Last year, the court ordered judges in San Juan and Bernalillo counties to return or destroy victim visa application material that prosecutors had previously provided to defense teams. The court's new ruling in an opinion issued today provides the legal reasoning for that order. Local DA says immigrant crime victims are going silent amid deportation fears, letting abusers free A rule requiring prosecutors to provide applications to defense teams could have a 'chilling effect' on 'immigrants' willingness to report crimes,' the court's opinion, written by Justice Shannon Bacon, said. First Judicial District Attorney Mary Carmack-Altwies recently told Source New Mexico that some immigrant crime victims have stopped answering her phone calls, potentially out of fear of being deported despite qualifying for U visas. About 25 alleged crime victims applied for the visa in her judicial district in the first two months of 2025. One woman who stopped participating in the criminal justice process accused her partner, a United States citizen, of abusing her and two kids, both under age 11 and citizens themselves, Carmack-Altwies said in February. While the court rules that visa applications are now confidential and protected against disclosure during discovery, there are instances when information in an application must be turned over. For example, if the prosecution knows that a victim has applied for a U visa, they should turn that over to the defense team, 'because the fact of a U/T-Visa application is relevant impeachment material,' the court wrote. A crime victim's credibility could reasonably be called into question, according to the court, because the benefits of a U or T visa are 'significant and could provide ulterior motives.' The court explained that 'the defense may impeach the victim's credibility by cross-examining the victim about the potential benefits that a U/T-Visa offers to a victim, acknowledging these benefits are significant and could provide ulterior motives.' When the U/T-visa application is relevant to the victim's motive, the court wrote, a defendant can: Cross-examine witnesses, including victims, regarding their knowledge and participation in the U/T-Visa application process and their reasons for involvement; impeach a witness who has made 'prior inconsistent statements on the topic'; educate the jury about what U/T visa is and their benefits by cross-examining the state's witnesses or direct examination of defense witnesses'; and make related closing arguments Also, if prosecutors have a copy of the visa application and material within it bears on the defendant's guilt, then the information — 'not the application' itself — must be disclosed, according to the court opinion. If the prosecution and defense disagree on whether information in the application is material, a judge may have to review it in private.
