Verdict . News

•New Mexico Supreme Court considering whether to abolish alienation of affections tort after 100+ years

New Mexico Supreme Court Considers Abolishing Century-Old Tort

The New Mexico Supreme Court is weighing whether to abolish the common law tort of alienation of affections, a legal claim that has existed in the state since 1923. The case, *Butterworth v. Jackson*, was certified from the Court of Appeals and involves determining the future viability of this controversial tort.

•Case involves *Butterworth v. Jackson* with Dr. Sarah Smith as intervenor-appellant challenging the tort's viability

•New Mexico Supreme Court denied inmate's constitutional challenge to corrections property policy

New Mexico Supreme Court Denies Inmate Property Rights Claim

The New Mexico Supreme Court denied inmate Bryce Franklin's constitutional challenge to the state corrections department's property policy. The court ruled Franklin failed to establish a protected property interest under the New Mexico Constitution in acquiring items through the corrections system.

•Court found no protected property interest under state constitution in inmate property acquisition procedures

•Nicholas Hubbard's first-degree murder conviction for killing his mother was affirmed by the New Mexico Supreme Court

New Mexico High Court Affirms Murder Conviction in Matricide Case

The New Mexico Supreme Court affirmed the first-degree murder conviction of Nicholas M. Hubbard for killing his mother Esther Hubbard. The court rejected Hubbard's claims of insufficient evidence, improper jury instructions, and evidentiary errors in the January 22, 2026 decision.

•The court rejected four appellate arguments including insufficient evidence and improper jury instructions

•New Mexico Supreme Court issued opinion in Burns v. Presbyterian Healthcare Services addressing expert witness disclosure deadlines

New Mexico High Court Rules on Expert Witness Deadline in Medical Case

The New Mexico Supreme Court issued an opinion January 22 in Burns v. Presbyterian Healthcare Services, addressing whether a district court properly struck an untimely expert witness affidavit in a medical malpractice case. The case involves plaintiff Suzanne Burns' lawsuit against Presbyterian Healthcare Services and Dr. Navjeet Kaur.

•District court struck untimely expert affidavit that contradicted prior deposition testimony on causation

•Supreme Court held Pioche case in abeyance pending resolution of related Aragon v. Martinez case

New Mexico Supreme Court Remands Sex Offender Parole Case After Key Precedent

The New Mexico Supreme Court has remanded a case involving sex offender parole duration review requirements back to the district court following a significant precedential ruling in Aragon v. Martinez. Pro se petitioner Darnyle Pioche had sought release from indeterminate sex-offender parole after the state allegedly failed to conduct timely duration review hearings as required by statute.

•Petitioner sought release from sex offender parole due to alleged procedural violations

•New Mexico Supreme Court remanded sex offender parole case to district court for reconsideration

NM Supreme Court Remands Sex Offender Parole Case After Aragon Ruling

The New Mexico Supreme Court has remanded a case involving a sex offender seeking release from parole after the state failed to conduct a timely duration review hearing. The court's action follows its recent decision in Aragon v. Martinez, which affects remedies for delayed parole review hearings.

•Remand follows court's July 2025 decision in Aragon v. Martinez affecting remedies for delayed parole hearings

•Supreme Court remanded Imperial v. State to district court following its Aragon v. Martinez decision

New Mexico High Court Remands Sex Offender Parole Case After Aragon

The New Mexico Supreme Court has remanded a case involving sex offender parole duration disputes back to district court for reconsideration following its recent decision in Aragon v. Martinez. The court held that the Aragon ruling significantly affects legal questions about parole board jurisdiction and remedies.

•Imperial sought release from sex offender parole citing failure to hold timely duration review hearing

•Supreme Court affirmed first-degree murder conviction of Breon Lamont Kindred for killing Lavon King

New Mexico Supreme Court Affirms Murder Conviction Despite Appeal Claims

The New Mexico Supreme Court affirmed the first-degree murder conviction of Breon Lamont Kindred in the killing of Lavon King, rejecting claims of instructional error, evidentiary error, and improper prosecutorial conduct during jury selection. The court issued a nonprecedential decision on December 4, 2025.

•Court rejected defendant's claims of instructional error, evidentiary error, and improper prosecutorial conduct

•New Mexico Supreme Court affirmed Adelio David Gallegos Jr.'s first-degree murder conviction in unpublished decision

New Mexico Supreme Court Affirms Murder Conviction in Gallegos Case

The New Mexico Supreme Court affirmed the first-degree murder conviction of Adelio David Gallegos, Jr., rejecting his claims of insufficient evidence and prosecutorial misconduct in an unpublished decision filed December 4, 2025.

•Court rejected claims of insufficient evidence for willful and deliberate intent murder