AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves Erica Gallegos-Cabrera, also known as Erika Gallegos, against Village Park Manufactured Home. The specific events leading to the case are not detailed in the provided text.

Procedural History

• Original Proceeding on Certiorari, Benjamin Chavez, District Judge: [Not applicable or not found]
• Supreme Court of New Mexico issued writ of certiorari in case number S-1-SC-39156 on March 2, 2022, and accepted certification in case number S-1-SC-39246 on April 22, 2022. The Court consolidated the cases and ordered briefing on the issues (paras 1-3).

Parties' Submissions

• Petitioner (Erica Gallegos-Cabrera a/k/a Erika Gallegos): [Not applicable or not found]
• Respondent (Village Park Manufactured Home): [Not applicable or not found]

Legal Issues

• Whether the issues presented in this matter are addressed by the Court’s opinion in Padilla v. Torres, No. S-1-SC-35619 (para 5).

Disposition

• The Supreme Court of New Mexico ordered that the Court’s November 7, 2022, order is withdrawn as to the abeyance and remanded the matter to the metropolitan court for a new trial in accordance with Padilla (paras 8-9).

Reasons

• Per Curiam: The Supreme Court of New Mexico decided to remand the case for a new trial based on the precedent set in Padilla v. Torres, indicating that the issues present in this case were sufficiently addressed by the Court's opinion in Padilla. The Court exercised its discretion under Rule 12-405(B) NMRA to dispose of this matter by a nonprecedential order, withdrawing its previous order holding the consolidated matters in abeyance and ordering a new trial in accordance with the findings in Padilla (paras 4-9). The decision was concurred by Chief Justice David K. Thomson, Justices Michael E. Vigil, C. Shannon Bacon, Julie J. Vargas, and Briana H. Zamora.