SANTA FE – District courts on their own can order hearings to determine whether evidence obtained through a warrantless search by law enforcement will be allowed in a criminal prosecution, the state Supreme Court ruled today.

In a split decision, the Court concluded that a judge in northern New Mexico had the constitutional authority to raise the evidentiary issue by ordering suppression hearings “sua sponte,” meaning on the court’s own initiative without a motion being made by an attorney for the defense or other party.

“For more than one hundred years this Court has recognized the authority of courts to act to protect a defendant’s fundamental rights,” the Court wrote in...

SANTA FE – The New Mexico Corrections Department violated a prisoner’s right to procedural due process by prohibiting an appeal when it denied good time credits for the inmate completing a drug rehabilitation program, the state Supreme Court ruled today.

In a unanimous opinion, the Court ordered the department to establish “appropriate procedures to provide prisoners with notice and an opportunity to appeal eligibility determinations” for lump sum awards of good time for completion of the agency’s rehabilitation programs.

The justices affirmed a district court’s decision ordering the department to award 30 days of good time to Donovan Houidobre for completing the Residential...

ALBUQUERQUE — A Gallup man pleaded guilty in federal court to assault with a dangerous weapon following a shooting incident on the Navajo Nation reservation sparked by barking dogs.

According to the criminal complaint, on May 11, three individuals were walking their dogs in Gallup when Harley Davidson Joe, 38, an enrolled member of the Navajo Nation, drove past them in a truck. The dogs allegedly began barking at the truck but did not go toward the vehicle. Joe reportedly stopped and exited the vehicle and confronted the group about their dogs’ barking.

An argument ensued, during which Joe reportedly brandished a handgun. One victim saw Joe firing shots toward him and returned...

ALBUQUERQUE — A Shiprock, N.M. man was charged by indictment with sexual abuse.

Jasper Lee Gray, 62, an enrolled member of the Navajo Nation, appeared before a federal judge ON NOV. 12 and will remain on conditions of release pending trial, which has not been scheduled.

According to court records, between Dec. 1 and Dec. 20, Gray engaged in a sexual act with  a woman without her consent.

If convicted, Gray faces any term of years up to life in prison.

The Farmington Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant U.S. Attorney...