N.M. Stat. § 34-5-14
Supreme court; appellate jurisdiction; review by certiorari
to court of appeals; certification of cases to supreme court.
A. The appellate jurisdiction of the supreme court is coextensive with the state and
extends to all cases where appellate jurisdiction is not specifically vested by law in the
court of appeals.
B. In addition to its original appellate jurisdiction, the supreme court has jurisdiction
to review by writ of certiorari to the court of appeals any civil or criminal matter in which
the decision of the court of appeals:
(1)
is in conflict with a decision of the supreme court;
(2)
is in conflict with a decision of the court of appeals;
(3)
involves a significant question of law under the constitution of New Mexico
or the United States; or
(4)
involves an issue of substantial public interest that should be determined
by the supreme court.
Application to the supreme court for writ of certiorari to the court of appeals shall be
filed with the clerk of the supreme court within twenty days after final action by the court
of appeals. A copy of the application shall be filed by the clerk of the supreme court with
the clerk of the court of appeals and the clerk of the court of appeals shall forthwith
transmit the record in the case to the clerk of the supreme court. Upon filing of the
application, the judgment and mandate of the court of appeals shall be stayed pending
final action of the supreme court. No further briefs or oral argument in support of an
application for writ of certiorari shall be filed or had in the supreme court unless so
directed by the supreme court. If an application has not been acted upon within thirty
days, it shall be deemed denied.
C. The supreme court has appellate jurisdiction in matters appealed to the court of
appeals, but undecided by that court, if the court of appeals certifies to the supreme
court that the matter involves:
(1)
a significant question of law under the constitution of New Mexico or the
United States; or
(2)
an issue of substantial public interest that should be determined by the
supreme court.
Any certification by the court of appeals under this subsection is a final determination
of appellate jurisdiction.
D. The jurisdiction of the supreme court over the decisions of the court of appeals
and over actions certified to it by the court of appeals is in addition to the jurisdiction of
the supreme court in the issuance and determination of original writs directed to the
court of appeals.