I intend for this paper to lay a basic groundwork for defense counsel in New Mexico to use in the preservation and advocacy of criminal defendants\' state constitutional claims. It bears stating at the outset that perhaps the greatest pitfall for an advocate in this field is for one to make the assumption that, because the New Mexico Supreme Court has refused to grant a particular constitutional protection in the past, that ruling cannot be successfully challenged in the future. For reasons that will become clear, New Mexico\'s "interstitial" approach to constitutional jurisprudence permits (and in fact encourages) appellate review of earlier rulings that were based solely on an interpretation of the federal constitution.
University of New Mexico School of Law
Thompson, Bruce Evan. "Raising and Preserving for Review Claims for Expanded Protections for Criminal Defendants under the New Mexico State Constiution." (2003). http://digitalrepository.unm.edu/law_studentscholarship/38