7 results for 'judge:"Bacon"'.
J. Bacon finds a tenant is entitled to a new trial following dismissal of his appeal in a landlord-tenant dispute. The metropolitan court's status as a court of record for the case required it to create a record of the trial for appellate proceedings, regardless of whether such a record was requested by either of the parties. Additionally, the local rule that requires a party to request a record of proceedings prior to trial will be struck down, as it conflicts with state law, and courts will be asked to create audio recordings of proceedings moving forward. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: February 5, 2024, Case #: S-1-SC-35619, Categories: Civil Procedure, Landlord Tenant, Public Record
J. Bacon finds the 10th Circuit's previous decisions terminated the jurisdiction shifting component of the New Mexico Tribal Gaming Compact and prevented further actions, including the underlying personal injury claim against a tribal casino at issue here, from being transferred to state court. The court entered a final judgment that triggered the termination clause in the contract and, therefore, the lower court will be instructed to dismiss the case upon remand. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: January 16, 2024, Case #: S-1-SC-39169, Categories: Native Americans, Jurisdiction, Contract
J. Bacon finds the trial court properly denied defendant's request for a provocation jury instruction because the driver of the other vehicle involved in the shooting was not the victim, and even if he had been, erratic driving is insufficient to require such an instruction. Furthermore, although defendant had been threatened by the driver of the other vehicle and knew he had guns, there was a vehicle in between the two and no shots had been fired at the time defendant opened fire, all of which prevented the issue of a self-defense instruction. Affirmed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: December 4, 2023, Case #: S-1-SC-39211, Categories: Firearms, Murder, Jury Instructions
J. Bacon finds defendant's actions on the night of the shooting, including following the victim back to the home of his girlfriend and the destruction of personal property at the residence, gave the victim the right to defend himself with deadly force if necessary, and precluded a self-defense instruction at defendant's trial, especially considering he was unsure whether a pop he heard was a gunshot when he pointed his weapon inside the home and fired a single shot. Affirmed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: December 4, 2023, Case #: S-1-SC-38585, Categories: Murder, Self Defense
J. Bacon finds the lewd and lascivious behavior exception to the ban on admission of prior bad acts evidence is abrogated under New Mexico law following a series of appeals court decisions that found the exception prejudiced defendants and allowed for the introduction of inadmissible propensity evidence. Therefore, the trial court improperly admitted testimony about uncharged acts during defendant's trial, including allegations he exposed his penis to the victim on several occasions, but the case must be remanded to allow the trial court to determine whether the evidence is admissible to prove intent or motive. Affirmed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: October 12, 2023, Case #: S-1-SC-38502, Categories: Sex Offender, Child Victims
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J. Bacon finds claims of partisan gerrymandering are justiciable under the Equal Protection clause of the New Mexico Constitution because such cases involve vote dilution and threaten the right to vote of every citizen in the state, while allowing the judicial system to correct extreme cases of partisanship do not violate the separation of powers doctrine or constitute judicial policymaking. This court and others that consider gerrymandering cases will adopt the three-part test, which includes intent, effects, and causation, and apply intermediate scrutiny to determine whether legislative maps are "egregious partisan gerrymanders" that violate New Mexico's constitution.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: September 22, 2023, Case #: S-1-SC-39481, Categories: Constitution, Elections, Equal Protection
J. Bacon finds a lower court erred when it found that in-court identifications were “impermissibly suggestive” and unconstitutional at a hearing following child defendant’s conviction for murder and other crimes. While an appeals court found these in-court identifications were unacceptably unreliable, there could not have been a due process violation because the testifying witnesses did not identify defendant as the murderer or even claim to have seen the murder, but merely testified about defendant’s demeanor on the night of the crime. Such testimony did not contradict the defense’s theory of the case — namely, that the murder resulted from a drug deal gone bad. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: July 27, 2023, Case #: S-1-SC-39343, Categories: Constitution, Murder, Identification