Month / September 2013
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Texting Liability for Remote Senders: Will This Be a Trend?
There was an interesting article in the ABA Journal recently about a New Jersey case where a remote texter/sender of messages to a driver could be held liable for ensuing auto accidents.…
September 27, 2013 -
Responsibility for Sidewalks in Albuquerque
Sidewalks can be somewhat hazardous for pedestrians. This is so in every city or town, and Albuquerque is no exception. Pedestrians are often injured as result of defective or dangerous sidewalks. These…
September 25, 2013 -
Even Partial Closure of New Mexico Criminal Court Violates Right to Public Trial in Absence of Overriding Interests
A defendant in a criminal case has a right to a public trial under the 6th Amendment. The question arises whether there are exceptions to this right. In the recent New Mexico…
September 23, 2013 -
Premise of New Mexico Medical Malpractice Act is Flawed Yet Now Expanded
The New Mexico Medical Malpractice Act provides enormous protections to qualified medical providers. It also creates a number of burdens and hurdles for patients who are injured or killed as a result…
September 20, 2013 -
No Confrontation Rights at Probably Cause Hearing in New Mexico
There is firmly established 6th Amendment allows for confrontation of witnesses in criminal trial under both New Mexico and Federal Law. New Mexico Supreme Court case of State v. Lopez deals with…
September 20, 2013 -
School Violence: Duty of Care in New Mexico Under Principles of Premises Liability
The New Mexico Supreme Court addressed governmental liability and waiver of immunity on premises liability claims. The Court in Encinias v. Whitener stated that governmental entities will be treated the same as…
September 19, 2013 -
IRS Recognizes Legal Same Sex Marriages for Tax Purposes
Late last month, the Obama administration announced that same-sex couples that are married will be “treated the same as opposite-sex couples for tax purposes,” according to an article in USA Today. In…
September 18, 2013 -
Dangerous Withdrawal Risks from Benzodiazepines
In addition to the psychological dependence on benzodiazepines that we‘ve discussed, users can also experience a dangerous withdrawal syndrome after using these drugs. This is known as benzodiazepine withdrawal syndrome, or “benzo…
September 16, 2013 -
Search and Seizure Rights – Who Can Assert Them?
The New Mexico Court of Appeals addressed an interesting search and seizure issue in the case of State v. Silvas. The case dealt with a couple of other issues but the threshold…
September 16, 2013 -
New Lower DWI Standards Proposed Better Than No Standards at All
The National Transportation Safety Board (NTSB) has recently recommended, among their additional recommendations to curb impaired driving, that the legal limits for DWI be lowered from .08 to .05. There is very…
September 12, 2013
Recent Posts
- Centurion Presence Coincidental In New Mexico Prison and Jail Deaths?
- Prison and Jail Medical Neglect Lawsuits filed by Collins & Collins, P.C.
- Centurion Out as Medical Provider for Metropolitan Detention Center
- Venue for New Mexico Civil Rights Act Lawsuits: Home Court Advantage for Counties is Over
- The Difference between the 5th and 6th Amendment Right to Counsel
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