11 results for 'judge:"Vigil"'.
J. Vigil finds the energy regulation commission erroneously determined the New Mexico Efficient Use of Energy Act requires a partial revenue decoupling mechanism for energy providers. Only a full decoupling mechanism will allow providers to recoup losses and maintain a budget to provide service to ratepayers in the wake of renewable energy sources that drastically reduce usage. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 13, 2024, Case #: S-1-SC-39406, Categories: Energy, Government
J. Vigil finds the trial court's use of the term "and/or" in its jury instructions at defendants' trial on reckless child abuse charges improperly confused or misled the jury and requires reversal of those convictions because it was used in the essential elements instruction and allowed the jury to convict defendants on a legally inadequate basis. Meanwhile, although the state stipulated to defendants' claim they did not intend to leave the victims inside a hot car when they returned to their daycare facility, there is still sufficient evidence for the jury to conclude defendants acted with "reckless disregard," and so a new trial will not violate defendants' double jeopardy rights. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 14, 2024, Case #: S-1-SC-38818, Categories: Double Jeopardy, Child Victims, Jury Instructions
J. Vigil finds the appeals court erroneously vacated defendant's child pornography convictions because the state provided sufficient evidence to prove the mens rea of each crime, including the production of child pornography. Although defendant argued none of the videos stored on his hard drive and shared on a peer-to-peer network included file names to suggest they involved individuals under the age of 18, evidence indicated the videos remained on the hard drive after they were viewed, despite defendant's claim he would delete any child pornography as soon as he discovered it, while the use of an anti-forensic program thousands of times to delete certain files also indicated defendant was aware he downloaded illegal materials. Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 4, 2024, Case #: S-1-SC-38300, Categories: Evidence, Sex Offender, Child Pornography
J. Vigil finds defendant's second trial on sexual assault charges was barred by double jeopardy because the prosecutor's misstatement of defendant's previous conditional discharge as a previous felony conviction was willful misconduct that prevented a retrial. Additionally, the prosecutor used the word "pedophile" five times during closing arguments, mentioned the Catholic Church sexual abuse scandal and attempted to shift the burden of proof onto defendant, all of which prejudiced the jury against him and resulted in a mistrial. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: February 19, 2024, Case #: S-1-SC-38941, Categories: Prosecutorial Misconduct, Sex Offender, Double Jeopardy
J. Vigil finds that a lower court improperly required defendant to serve separate "stacked" terms of probation for multiple crimes for which he was convicted. Three separate conspiracy charges brought against defendant violate principles of double jeopardy, the "consolidation of four separate cases" against him should have led to one sentence and one term of probation, and defendant should be released from custody "immediately upon the issuance of our mandate." Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: July 24, 2023, Case #: S-1-SC-38147, Categories: Civil Rights, Probation, Double Jeopardy
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J. Vigil finds a lower court ruled correctly in convicting defendant of unlawful taking of a motor vehicle. Defendant argued that prosecutors had not adequately proved “definitive ownership” of the car, but prosecutors only had to show that defendant was not the owner, and defendant admitted to taking the truck in question “without permission.” Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: July 6, 2023, Case #: S-1-SC-39189, Categories: Murder, Theft, Due Process
J. Vigil finds a lower court ruled partially correctly in an insurance dispute. After a consumer said he developed breathing problems as a result of water damage to his home, he sued both his insurer and a company that he hired for abatement, but lower courts correctly concluded New Mexico does not allow for “duplicate compensatory damages.” However, a lower court erred somewhat in determining what damages were due from what party. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: June 22, 2023, Case #: S-1-SC-38872, Categories: Insurance, Negligence, Contract
J. Vigil orders a lower court to set a new trial for defendant on a murder charge. In a separate case, this court set a new “felonious purpose” standard for cases like this one, in which defendant was ultimately charged with higher murder charges after he shot from or at a motor vehicle. Defendant is right that this other case narrowed “the scope of punishable conduct underlying the crime of felony murder” and that the theory underlying his prosecution is now “legally invalid.” Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: June 22, 2023, Case #: S-1-SC-38177, Categories: Murder, Vehicle, Due Process
J. Vigil finds a lower court partially erred in convicting defendant of multiple counts of felony murder following an alleged burglary-murder at a drug den. While defendant is right that prosecutors should not have been able to “impose more than one homicide conviction for one death” and that his double jeopardy rights were therefore violated, defendant has not shown why evidence in the case should have been suppressed nor why the judge should have been forced to recuse himself. Reversed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 22, 2023, Case #: S-1-SC-39142, Categories: Drug Offender, Murder, Double Jeopardy
J. Vigil finds New Mexico regulators erred in not only denying a phone company’s status as an “eligible telecommunications carrier,” which would make the company eligible for federal funding, but also banning the company from ever again applying for this designation. Regulators lack “express or implied statutory authority” to impose such a ban. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 22, 2023, Case #: S-1-SC-38812, Categories: Communications, Government, Agency