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Citations - New Mexico Laws and Court Rules
Rule Set 12 - Rules of Appellate Procedure - cited by 9,535 documents

Decision Content

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Facts

  • (N/A)

Procedural History

  • Court of Appeals, February 1, 2022: Held the matter in abeyance pending the Court's disposition in Padilla v. Torres (para 1).

Parties' Submissions

  • (N/A)

Legal Issues

  • Whether the issues presented in this matter are addressed by the Court’s opinion in Padilla v. Torres (para 3).

Disposition

  • The Court's February 1, 2022, order holding the matter in abeyance is withdrawn (para 6).
  • The district court's decision is reversed, and the matter is remanded to the metropolitan court for a new trial in accordance with Padilla (para 7).

Reasons

  • PER CURIAM, with concurrence from DAVID K. THOMSON, Chief Justice, MICHAEL E. VIGIL, Justice, C. SHANNON BACON, Justice, JULIE J. VARGAS, Justice, and BRIANA H. ZAMORA, Justice:
    The Court decided to withdraw its previous order holding the matter in abeyance following the resolution of Padilla v. Torres, which reversed and remanded that case for a new trial. The Court found that the issues in the current case were addressed by its opinion in Padilla. Consequently, the Court exercised its discretion under Rule 12-405(B) NMRA to dispose of the matter by a nonprecedential order, reversing the district court's decision and remanding the case for a new trial in line with the Padilla decision (paras 1-7).
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