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Category Archives: Criminal Defense

Judge Ellington recuses himself from Jason Wagner case

By | Criminal Defense, Employment Law | No Comments

December 16, 2015 Albuquerque Journal Judge Ellington announced today in court that he recused himself from the Jason Wagner case.   Judge Ellington’s decision comes two weeks after Jason Wagner’s attorneys, John Day and Megan Dorsey, filed a motion to recuse Judge Ellington because he showed bias against Jason Wagner when he refused to sign off on Wagner’s plea deal. John…

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KOAT Legal Analyst John Day explains why defense asked to move Boyd trial

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December 4, 2015 KOAT KOAT legal analyst John Day explains why the defense requested to move the James Boyd trial to Las Cruces in Dona Ana County.  With ample media coverage of the James Boyd shooting preliminary hearing in the Santa Fe and Albuquerque areas, Keith Sandy’s attorney wants a fair, unbiased trial for his client. “If they didn’t ask for…

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John Day files motion to recuse Judge Ellington from Wagner trial

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December 2, 2015 Albuquerque Journal Defense attorneys John Day and Megan Dorsey filed a motion to recuse Judge Ellington from the Jason Wagner trial after Judge Ellington refused last week to accept Wagner’s plea deal. “The Court’s statements about its opinions as to its desire that defendant lose his law enforcement certification, and that defendant was somehow responsible for alleged…

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John Day seeks new judge in Jason Wagner trial

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November 30, 2015 Albuquerque Journal Defense attorney John Day will file a motion by Wednesday to recuse District Judge T. Glenn Ellington from the Lt. Jason Wagner time card fraud trial. Last week Judge Ellington refused to sign off on the plea deal agreed upon by both the defense and prosecution, which included one year of unsupervised probation, less than $600…

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Judge rejects Jason Wagner plea deal

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November 23, 2015 Santa Fe New Mexican Before prosecutor Jason Lidyard could finish reading the terms of the Jason Wagner plea deal agreed upon by defense attorney John Day and the prosecution, District Judge Ellington rejected all terms.   The plea called for Wagner to resign from the Santa Fe Police Department, and reduce his three felony counts of time fraud…

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Santa Fe Mayor supports Jason Wagner

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October 23, 2015 Albuquerque Journal Santa Fe Mayor Javier Gonzales supports Lt. Jason Wagner, the re-hired Santa Fe officer accused of time card fraud.  Several text messages between the mayor to Wagner were filed in a notice to provide new evidence by Jason Wagner’s attorney John Day. The text exchange below happened on August 13, 2014 Wagner : “Damn media…

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Donovan Maez pleads not guilty in Chavez-Silver case

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September 5, 2015 Albuquerque Journal Donovan Maez entered a plea of not guilty in the Jaydon Chavez-Silver murder case.  Maez, son of state Representative Stephanie Maez, is one of three young men accused of killing Chavez-Silver during a drive by shooting in Albuquerque in June.  Maez’s attorney John Day was with Maez in court as he entered his plea.  The judge…

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John Day to represent Donovan Maez in Chavez-Silver murder trial

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August 18, 2015 Albuquerque Journal Prominent criminal defense attorney John Day is representing State Representative Stephanie Maez’s son, Donovan Maez, who is accused of shooting Jaydon Chavez-Silver on June 26.  Representative Maez spoke to reporters Monday evening outside of her father’s house, stating she promises she will stand by her son. Maez attorney, John Day, told reporters “What we’re doing is conducting…

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