N.M. R. App. P. 12-102

As amended through August 23, 2024

Rule 12-102 - Appeals; where taken

A.Supreme Court. The following appeals shall be taken to the Supreme Court:

(1) appeals from the district courts in which a sentence of death or life imprisonment has been imposed;

(2) appeals from the Public Regulation Commission;

(3) appeals from the granting of writs of habeas corpus; and

(4) appeals in any other matter in which jurisdiction has been specifically reserved to the Supreme Court by the New Mexico Constitution or by Supreme Court order or rule.

B.Court of Appeals. All other appeals shall be taken to the Court of Appeals.

N.M. R. App. P. 12-102

As amended, effective June 1, 1994; September 1, 1995; June 15, 2000.

ANNOTATIONS The 2000 amendment, effective June 15, 2000, deleted former Paragraphs A(2) and A(3) pertaining to appeals from the Public Utility Commission and removals from the State Corporation Commission respectively; and redesignated former Paragraphs A(4) and A(5) as Paragraphs A(3) and A(4) and inserted "appeals from the Public Regulation Commission" in Paragraph A(2). The 1995 amendment, effective September 1, 1995, deleted former Subparagraph A(1), which read: "appeals from the district courts in which one or more counts of the complaint alleges a breach of contract or otherwise sound in contract", and redesignated the remaining subparagraphs accordingly; and deleted former Paragraph C, which related to transfer of appeals from the Court of Appeals to the Supreme Court. The 1994 amendment, effective June 1, 1994, added Paragraph C.

For appellate jurisdiction of supreme court, see N.M. Const., art. VI, § 2. For original jurisdiction of supreme court, see N.M. Const., art. VI, § 3. For references to state corporation commission being construed as references to the public regulation commission, see Laws 1998, ch. 108, § 80. For appellate jurisdiction of court of appeals, see Section 34-5-8 NMSA 1978. For appellate jurisdiction of supreme court, see Section 34-5-14 NMSA 1978. Youthful offenders. - Serious youthful offenders convicted of first-degree murder shall be allowed to invoke the New Mexico supreme court's mandatory jurisdiction. State v. Trujillo, 2002-NMSC-005, 131 N.M. 709, 42 P.3d 814. Limit of court of appeals jurisdiction. - Court of appeals does not have appellate jurisdiction over post-conviction remedy proceedings where the sentence involved is death or life imprisonment. Martinez v. State, 1990-NMCA-033, 110 N.M. 357, 796 P.2d 250. Law reviews. - For article, "New Mexico's Summary Calendar for Disposition of Criminal Appeals: An Invitation for Inefficiency, Ineffectiveness and Injustice," see 24 N.M.L. Rev. 27 (1994).