New Mexico

Disbarred judge refuses to resign

A disbarred New Mexico municipal court judge is resisting calls to resign. Corrales Municipal Judge Luis Quintana contends that his disbarment is unrelated to his duties as a judge, the Albuquerque Journal reports. Quintana was disbarred July 1 for failing to turn over a $4,500 settlement check to a client…

Oct 7, 2015 4:10 PM CDT

Judge says lawyer defending himself in shooting trial ‘lost the jury’; mistrial is declared

A judge in Albuquerque, New Mexico, declared a mistrial on Wednesday and appointed counsel for a lawyer defending himself in the shooting of a homeless man. Judge Allen Smith said the problems began when criminal defense lawyer, David “Chip” Venie, called the victim, Stephen Biddinger, a “methed-out lunatic,” in opening…

Aug 20, 2015 7:18 AM CDT

Judge tells lawyer to give dashcam video to state; is ruling consistent with defense obligations?

A defense lawyer has an ethical obligation to turn over to the prosecution a New Mexico state police dashcam video that the government lost track of, a judge has ruled. The decision has roiled the defense bar in Las Cruces. Although attorney Lindsay McDonell-Benatar originally got the video in discovery…

Aug 17, 2015 12:15 PM CDT

Ex-judge accused of accepting bribes from lawyer takes plea; expected to get 2 years in prison

A former Texas judge accused of taking bribes from a San Antonio lawyer pleaded guilty Monday in federal court in Albuquerque, New Mexico, to an honest services wire fraud charge. Angus Kelly McGinty, 51, had initially faced multiple counts when he was first indicted concerning his conduct on the Bexar…

Apr 13, 2015 4:00 PM CDT

New Mexico law ends civil forfeiture, bolsters innocent owner defense in criminal cases

New Mexico Gov. Susana Martinez has signed a bill ending civil forfeiture of assets valued at less than $50,000 in the state. Martinez said (PDF) she endorsed provisions in the bill improving the forfeiture process, though she disagreed with those who termed the process “policing for profit,” the Albuquerque Journal…

Apr 13, 2015 10:59 AM CDT

Homeowner’s ‘electromagnetic hypersensitivity’ suit against neighbor fails on appeal

A homeowner who claimed he suffered “electromagnetic hypersensitivity” as a result of his neighbor’s cellphone and Wi-Fi has lost an appeal. A trial court had tossed the $1.43 million suit filed in 2010 by Arthur Firstenberg, and the New Mexico Court of Appeals upheld the decision in a March 5…

Mar 26, 2015 5:50 AM CDT

Jury convicts PI client who, angry over $115 medical bill, physically attacked law firm employee

A former client of a New Mexico personal injury law firm was convicted Thursday of aggravated battery with great bodily harm in a 2013 attack on an employee there. Although there were no visible injuries to the victim, Lovett Law Firm worker Jeffery Reyes, the Doña Ana County district attorney’s…

Jan 30, 2015 12:00 PM CST

Albuquerque officers are charged in shooting death of homeless man

Two police officers in Albuquerque, New Mexico, have each been charged with a count of open murder in the March 2014 shooting death of a mentally ill homeless man recorded on helmet video. Bernalillo County District Attorney Kari Brandenburg said the officers—one of whom recently retired—will not be booked into…

Jan 13, 2015 8:17 AM CST

Charges are refiled against lawyer in shooting of homeless man

Prosecutors have refiled charges against an Albuquerque criminal defense lawyer accused of shooting a homeless man in the leg at his law office. A preliminary hearing on the refiled charges against David “Chip” Venie has not yet been held, KRQE reports. He is accused of shooting Stephen Biddinger in the…

Dec 12, 2014 7:27 AM CST

Albuquerque Police Department to undergo sweeping overhaul in DOJ settlement

The Albuquerque Police Department, under a settlement with the U.S. Justice Department, will undergo a broad overhaul of its use of force policies and other workings within the department in response to problems with excessive use of both force and of deadly force, the Albuquerque Journal reports. The changes will…

Oct 31, 2014 4:30 PM CDT

Inmate sues for right to Satanic worship

A New Mexico inmate has filed a pro se lawsuit claiming prison officials interfered with his right to Satanic worship. Bernard Pritchard, who is serving time for aggravated stalking, claims violations of the First and Eighth Amendments, along with federal and state laws protecting religious freedom, according to the Santa…

Sep 25, 2014 6:15 AM CDT

Fugitive bail jumper captured in Nepal through facial-recognition technology after 14 years

A New Mexico man who skipped bail 14 years ago has been caught with the help of facial-recognition technology. Neil Stammer, who is wanted in New Mexico on child-sex-abuse charges, was arrested recently in Nepal, the FBI and the BBC report. He was captured using new facial-recognition software that matched…

Aug 15, 2014 3:23 PM CDT

Judge tosses suit over lawyer’s death, finds no due process right to police investigation

A federal magistrate judge in New Mexico has dismissed a lawsuit claiming Albuquerque police failed to properly investigate the death of a civil rights lawyer who frequently sued the police department. U.S. Magistrate Judge Carmen Garza said there is no federal due process right to a police investigation into a…

Aug 11, 2014 10:45 AM CDT

Although law allows family to consume pet, circumstances justified felony arrest, sheriff says

There’s no law against making a meal out of a pet dog or cat in a number of states, including New Mexico. But that didn’t prevent sheriff’s officers in Torrance County from filing a felony charge of extreme animal cruelty against Salvador Martinez, after he allegedly stabbed his girlfriend’s dachshund-mix…

Jul 31, 2014 11:55 AM CDT

Coin toss decides judicial race that ended in a tie

Two Democrats running in a New Mexico primary for a magistrate judgeship each received exactly 2,879 votes. A coin flip last Thursday decided the election following the tie vote between Kenneth Howard Jr. and Robert Baca, report UPI, the Washington Post and the Albuquerque Journal. Baca, the incumbent, lost. According…

Jul 17, 2014 1:31 PM CDT