Opinion
S-1-SC-34790
06-17-2024
D. CHIPMAN VENIE, Esquire, Plaintiff-Respondent, v. ANNA VELASQUEZ, Defendant-Petitioner.
James Rawley, Esq. Albuquerque, NM for Petitioner D. Chipman Venie, Esq. Pro se Albuquerque, NM for Respondent
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ORIGINAL PROCEDING ON CERTIORARI Carl J. Butkus, District Judge
James Rawley, Esq. Albuquerque, NM for Petitioner
D. Chipman Venie, Esq. Pro se Albuquerque, NM for Respondent
DISPOSITIONAL ORDER OF REVERSAL
PER CURIAM
{¶1} WHEREAS, this matter came on for consideration by the Court upon petition for the writ of certiorari filed pursuant to Rule 12-502 NMRA, and the Court having considered the petition and being sufficiently advised, issued its writ of certiorari on January 19, 2016, and held this matter in abeyance pending this Court's disposition in Padilla v. Torres, S-1-SC-35619;
{¶2} WHEREAS, this Court issued an opinion in Padilla on February 5, 2024, reversing and remanding that matter to the metropolitan court for a new trial, see Padilla v. Torres, 2024-NMSC-007, ¶ 2, P.3d;
{¶3} WHEREAS, the Court concludes that the issues presented in this matter are addressed by the Court's opinion in Padilla;
{¶4} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by nonprecedential order; and
{¶5} WHEREAS, the Court having considered the foregoing and being sufficiently advised;
{¶6} NOW, THEREFORE, IT IS ORDERED that the Court's January 19, 2016, order is WITHDRAWN as to the abeyance; and
{¶7} IT IS FURTHER ORDERED that the district court is reversed and this matter is remanded to the metropolitan court for a new trial in accordance with Padilla.
{¶8} IT IS SO ORDERED.
WE CONCUR: DAVID K. THOMSON, Chief Justice, MICHAEL E. VIGIL, Justice, C. SHANNON BACON, Justice, JULIE J. VARGAS, Justice, BRIANA H. ZAMORA, Justice