Venie v. Velasquez

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Filing Date: June 17, 2024

No. S-1-SC-34790

D. CHIPMAN VENIE, Esquire,

Plaintiff-Respondent,

v.

ANNA VELASQUEZ,

Defendant-Petitioner.

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NMRA to dispose of this matter by nonprecedential order; and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is WITHDRAWN as to the abeyance; and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