Disclaimer and Notice

THIS BLOG SITE IS INTENDED AND DESIGNED FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE EITHER LEGAL ADVICE OR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.

Wednesday, February 29, 2012

Control of Vehicle While Intoxicated Enough for DWI But Not for Child Endangerment

As a family mediator and guardian ad litem, I keep abreast of child abuse, neglect and endangerment cases.  The New Mexico Court of Appeals has recently reviewed whether control of a vehicle while intoxicated can form the grounds for a felony child abuse conviction.  See State v. Etsitty, 2012-NMCA-012.  After analysis the Court concluded it could not.

Thursday, February 9, 2012

Constitutional Rights of Children & Suppression of Evidence

It's often remarked by lawyers dealing with children, that they just don't have the same quality or quantity of constitutional protections as adults.  In a recent decision, the New Mexico Court of Appeals have made clear that, in at least one area, they have exactly the same amount of rights.