New Mexico
The Supreme Court of New Mexico held that a young person’s age and intellectual disability are relevant considerations in determining whether the constitutional right to a speedy trial was violated. In State v. Villalobos, the Court held that an individual who had an intellectual disability and was 15 years old at the time of the…
The New Mexico Court of Appeals held that Malachi D. was reserved his right to appeal despite his plea, and the trial court erred in granting counsel’s request to dismiss the cause as the adjudication hearing was not heard in a timely manner. The court reasoned in part: “We believe that the judgment and disposition…
The Health and Reentry Project highlights promising Medicaid policy changes that promote continuity of care for young people returning to their communities following incarceration. The changes will support reentry for young people who are eligible for Medicaid or the Children’s Health Insurance Program by introducing them to services that would start 30 days before release…
In New Mexico v. Antonio T., the Supreme Court of New Mexico ruled any statements elicited by a school official in the presence of a law enforcement officer may not be used against the child in a delinquency proceeding unless the child made a knowing, intelligent, and voluntary waiver of his statutory right to remain…
This amicus brief prepared by Juvenile Law Center, The Gault Center, and others argues the 6th Amendment protects the right to jury trials in juvenile court sentencing hearings resulting in serious adult sentences. Amici argue the New Mexico Supreme Court should affirm the Court of Appeals’ judgment and find that the rule from Apprendi applies…
In New Mexico v. Jones, the New Mexico Supreme Court held that before an adult sentence is imposed on a young person based on the state’s “Youthful Offender” status, which enables either a juvenile or adult sentence, an amenability hearing must first be held to determine whether a young person is amenable to rehabilitation or treatment in the juvenile legal system. The court offered the following language in support: …
