LexisNexis® Legal Newsroom
New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004 NMSC 36, 136 N.M. 533, 101 P.3d 799. Paredez...

Court Enjoins New Mexico's Foreign National Residency Certification Program

"Immigrant advocates in New Mexico praised a court settlement announced last week that effectively laid to rest a controversial driver’s license certification program implemented by the state Motor Vehicle Division (MVD) last year. In a mutually-agreed upon resolution to a legal challenge...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...