New Mexico Supreme Court issues four opinions from March 13-19

The New Mexico Supreme Court issued four opinions from March 13-19. As of March 19, the court issued nine opinions in 2023 — five more than this point a year ago. The four opinions are below:

  • State v. Sena, where the court reversed the appellate court’s opinion and affirmed the district court’s imposition of an extended parole term for a convicted sex offender.
  • State v. Romero, where the court overruled State v. Torres, reversed the district court’s grant of the writ of habeas corpus, and remanded to the district court to impose the statutorily required parole sentence. It also held that the appellee, who pleaded guilty to second-degree criminal sexual penetration, is “entitled to an opportunity for plea withdrawal.”
  • In re Victor R. Marshall (Marshall I), where the court indefinitely suspended Victor Marshall from practicing law for at least 18 months for making “statements about the ‘integrity of a judge’ with ‘reckless disregard as to [the statements’] truth or falsity,’” filing “frivolous motions,” and displaying conduct “prejudicial to the administration of justice.”
  • In re Victor R. Marshall (II), where the court held Victor Marshall in contempt “both for the allegations against him brought by Disciplinary Counsel and for his behavior before this Court during the Show Cause Hearing.”

From March 13-19, state supreme courts issued 142 opinions nationally. The Hawaii Supreme Court issued the most with 25. State supreme courts in 18 states issued the fewest with zero. Courts where judges are elected have issued 68 opinions, while courts whose members are appointed have issued 74. 

The New Mexico Supreme Court is the state’s court of last resort and has five judgeships. The current chief of the court is Shannon Bacon. The court issued 27 opinions in 2022 and 34 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,366 opinions in 2023. Courts where judges are elected have issued 729 opinions, while courts whose members are appointed have issued 637. New Mexico is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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