Recent Highlighted Wins
March 2023: I recently won a habeas corpus case for my client, Ryan Begay, an inmate at a New Mexico prison. A New Mexico district judge granted Mr. Begay’s habeas corpus petition on grounds of ineffective assistance of counsel. Mr. Begay was sentenced to 19 years in prison for two counts of shooting from a motor vehicle (one count causing great bodily harm), three counts of child abuse (one count causing great bodily harm), and one count of tampering with evidence.
August 2022: I won a habeas corpus case on behalf of Thomas Montoya. A New Mexico district judge granted Mr. Montoya’s habeas corpus petition on grounds of ineffective assistance of counsel. Mr. Montoya had been serving a prison sentence of 18 years. Mr. Montoya was released in December 2022 as a result of the granting of the habeas corpus petition.
Selected Cases
O’Kelly v. Peters, No. D-307-CR-2001-584 (3rd Jud. Dist. Ct., N.M. 2020) (granting habeas corpus petition pursuant to Rule 5-802 NMRA; ruling that first-degree kidnapping conviction was invalid under State v. Trujillo, 2012-NMCA-112; vacating 18-year sentence)
People of Colorado v. J.M., No. xx-CR-xxx (Colo. 2020) (vacating felony conviction pursuant to Rule 35(c) and C.R.S. § 18-1-410.5; ruling that constitutional deficiencies in plea proceedings invalidated plea and resulting conviction)
State v. Vallecillo-Rodriguez, No. D-202-CR-1994-2670 (NM 2nd Jud. Dist. Ct. 2017) (vacating murder conviction due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
Gonzales v. Garcia, No. 13-cv-616-LH-LF (D.N.M. 2016) (granting habeas corpus petition pursuant to 28 U.S.C. § 2254; finding that state felony conviction violated confrontation rights under Sixth Amendment due to expert’s testifying only by video, without specific findings that video testimony was necessary)
United States v. Brown, No. 13-8055 (10th Cir. 2016) (reversing district court’s denial of motion under 28 U.S.C. § 2255 on appeal by United States Court of Appeals for the Tenth Circuit; remanding for evidentiary hearing)
State of New Mexico v. Johnson, No. 33,608 (N.M. Ct. App. 2016) (reversing multiple kidnapping convictions on appeal by the New Mexico Court of Appeals; reducing sentence by 18 years)
State of New Mexico v. Alvarez, No. 31,987 (N.M. Sup. Ct. 2016) (affirming New Mexico Court of Appeals decision reversing district court’s erroneous denial of petition for post-conviction relief; holding that 2004 ruling in State v. Paredez applied retroactively to convictions that were final prior to that date)
State of New Mexico v. Gutierrez, Nos. D-202-CR-2004-4406 & -3647 (N.M. 2nd Jud. Dist. Ct. 2016) (vacating multiple felony convictions in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
State of New Mexico v. Aleghehbandi, No. CV 2014-5202 (N.M. 2nd Jud. Dist. Ct. 2015) (vacating multiple convictions in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Iran of adverse immigration consequences of guilty plea)
State of New Mexico v. Barrios, No. D-101-CR-2005-499 (N.M. 1st Jud. Dist. Ct. 2015) (vacating conviction in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
State of New Mexico v. Garcia, No. D-202-CV-2014-3623 (N.M. 2nd Jud. Dist. Ct. 2015) (vacating conviction in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
United States v. Roybal, No. 11-CR-3182-JB (D.N.M.) (appointed in 2014 as research and writing counsel to work with large number of co-counsel in multi-defendant drug trafficking conspiracy case; prepared and filed lengthy motion and brief challenging Title III wiretap; prosecutor settled case rather than litigate wiretap motion)
State of New Mexico v. Amaya-Herrera, No. D-111-CR-200700899-6 (N.M. 11th Jud. Dist. Ct. 2013) (vacating felony conviction in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
State of New Mexico v. Turrietta, 2013-NMSC-036, 308 P.3d 964 (N.M. Sup. Ct. 2013) (reversing murder conviction due to violation of right to public trial; supervised law students at the University of New Mexico School of Law representing appellant; part of Appellate Law in Practice class at University of New Mexico School of Law)
State of New Mexico v. Gonzales-Solano, No. D-1329-CR-2008-0411 (N.M. 13th Jud. Dist. Ct. 2013) (vacating conviction in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Guatemala of adverse immigration consequences of guilty plea)
State of New Mexico v. Hernandez, No. CR-2001-848 (N.M. 2nd Jud. Dist. Ct. 2012) (vacating conviction in post-conviction case under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
State of New Mexico v. Spearman, 2012-NMSC-023, 238 P.3d 272 (N.M. Sup. Ct. 2012) (affirming dismissal of white-collar crime and fraud charges on appeal by New Mexico Supreme Court; successfully represented architectural draftsman in precedent-setting speedy trial case; part of Appellate Law in Practice class at University of New Mexico School of Law)
United States v. Mascheroni, No. 10-CR-2626-WJ (D.N.M.) (appointed in 2012 to represent defendant in nuclear secrets case involving allegations that defendant participated in scheme to share with government of Venezuela classified national security information regarding design of American nuclear weapons)
State of New Mexico v. Perez, No. D-202-CR-91-861 (N.M. 2nd Jud. Dist. Ct. 2011), No. VA-89-176-CR (N.M. 13th Jud. Dist. Ct. 2012) (vacating 1990 and 1991 controlled substances felony convictions in post-conviction cases under Paredez and Ramirez due to trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
United States v. Zamoran-Aispuro, No. 08-CR-2936-JB (D.N.M.) (appointed in 2010 as research and writing counsel to work with large number of co-counsel in multi-defendant drug trafficking conspiracy case; prepared and filed lengthy motion and brief challenging Title III wiretap; prosecutor settled case rather than litigate wiretap motion)
United States v. Hasson, 287 Fed. Appx. 712, 2008 WL 2894087 (10th Cir. 2008) (vacating 292-month drug-trafficking sentence on appeal by the United States Court of Appeals for the Tenth Circuit due to district court’s mis-calculation of U.S. Sentencing Guidelines range; on remand to district court, sentence reduced by 164 months to a 128-month term)
United States v. Herrera, 286 Fed. Appx. 546, 2008 WL 2698644 (10th Cir. 2008) (vacating 70-month sentence on appeal to the United States Court of Appeals for the Tenth Circuit due to district court’s miscalculation of U.S. Sentencing Guidelines range)
United States v. Servin-Acosta, 534 F.3d 1362 (10th Cir. 2008) (vacating 30-month sentence on appeal to the United States Court of Appeals for the Tenth Circuit due to district court’s miscalculation of U.S. Sentencing Guidelines range)
United States v. Zuniga-Soto, 527 F.3d 1110 10th Cir. 2008) (vacating 41-month sentence on appeal to the United States Court of Appeals for the Tenth Circuit due to district court miscalculation of U.S. Sentencing Guidelines range; holding in case of first impression that sentencing courts may examine only elements of statute of conviction to determine if a prior offense is a crime of violence)
United States v. Woody, 250 Fed. Appx. 867, 2007 WL 2974066 10th Cir. 2007) (reversing murder conviction and vacating 235-month sentence on appeal to the United States Court of Appeals for the Tenth Circuit due to insufficient evidence of guilt; client released from prison and charges dismissed with prejudice)
United States of America v. Gould, No. CR 03-2274 JB (D.N.M.) (appointed as co-counsel in 2007 to represent medical director of detention facility; obtained not guilty verdict after two-week jury trial in the United States District Court for the District of New Mexico; published memorandum opinion on (unsuccessful) Sixth Amendment jury selection motion can be found at United States v. Gould, 508 F. Supp. 2d 896 (D.N.M. 2007)
Montoya v. Ulibarri, 2007-NMSC-035, 142 N.M. 89, 163 P.3d 476 (N.M. Sup. Ct. 2007) (pro bono publico case; successfully represented New Mexico Criminal Defense Lawyers Association as amicus curiae in the New Mexico Supreme Court, which held in case of first impression that New Mexico Constitution provides habeas corpus relief where petitioner presents clear and convincing evidence of free-standing claim of actual innocence, even in the absence of other constitutional violations)
Estate of Rusk v. Ferguson, No. 25,701 (N.M. Ct. App. 2006) (successfully represented individual in civil appeal in the New Mexico Court of Appeals)
State of New Mexico v. Cardenas-Alvarez, 2001-NMSC-017, 130 N.M. 386, 25 P.3d 225 (N.M. Sup. Ct. 2001) (pro bono publico case; successfully represented New Mexico Criminal Defense Lawyers Association as amicus curiae in the New Mexico Supreme Court, which held in case of first impression that evidence obtained by federal agents during unreasonable search and seizure violated New Mexico Constitution Article II, Section 10)
State v. Alvarez, No. CR-86-00116 (3rd Jud. Dist. Ct. 2017) (vacating cocaine possession conviction due to trial attorney’s failure to advise citizen of Cuba of adverse immigration consequences of guilty plea)
State v. Salcido, No. D-1116-LR-2017-00033 (11th Jud. Dist. Ct. 2017) (vacating marijuana and drug paraphernalia possession conviction due to court’s failure and trial attorney’s failure to advise citizen of Mexico of adverse immigration consequences of guilty plea)
Tahir v. Horton, Nos. D-202-CR-2009-4718, -2010-3691, -2010-3706, and -2011-2367 N.M. 2nd Jud. Dist. Ct. 2017) (vacating dozens of fraud convictions due to trial counsel’s failure to appeal denial of suppression of evidence obtained from invalid searches of premises)