505.690.

7969

TRACE RABERN ATTORNEY AND COUNSELOR AT LAW

RABERNLAW@mac.com

PROFILE

New Mexico attorney with seventeen years experience litigating state and federal appeals, complex criminal trials, white collar cases, and post-conviction litigation. Charlie Driscoll Award Recipient. Amicus Committee Co-Chair for New Mexico Criminal Defense Lawyers Association and amicus writer for NACDL. Adjunct Professor Appellate Law in Practice at UNM School of Law. CLE speaker on appellate advocacy, state constitutional rights, computer and electronics searches, prosecutorial misconduct, confrontation clause. Admitted to practice in the United States Supreme Court, the Tenth Circuit Court of Appeals, and the District Court for the Federal District of New Mexico, the New Mexico Supreme Court, the New Mexico Court of Appeals, as well as all State of New Mexico District Courts. New Mexico v. Bullcoming, 564 U.S. ___ (2011) (Co-author with Barbara Bergman and Molly Schmidt-Nowara) of NACDL Amicus Brief to the United States Supreme Court. United States v. Reese, pending (10th Cir. No. 12-2025 and N.M. S.Ct. No. 39,950) (2013) (Author of NMCDLA Amicus Brief to the New Mexico Supreme Court) USA v. Douglas P. Vaughan, New Mexico District Court No. 11-cr-00404 (CoCounsel with Amy Sirignano white collar case) City of Santa Fe v. Marquez, 2012-NMSC-031, 285 P. 3d 637 State v. Savedra, 2010-NMSC-025, 236 P. 3d 20 State v. Esquibel, No. 202-2004-3886 (2009) (Co-counsel with Dan Cron)

CASES

Bort-Jones v. Murdoch, 2009-NMSC-002, 145 N.M. 473 (Co-author with Michael Stout of NMCDLA Amicus Brief) State v. Trujillo, 2009-NMSC-012, 146 N.M. 14 (Author of NMCDLA Amicus Brief to the New Mexico Supreme Court) Morehart v. Barton, 225 Ariz. 269 (Az. 2010) (Co-author with Barbara Begman of NMCDLA Amicus Brief to the Arizona Supreme Court) USA v. Jarvis, D. NM No. 05-1849 JH (Co-counsel with Jody Neal-Post, Joe Romero, and Gary Mitchell) USA v. Timothy DeShazer, 554 F. 3d 1281 (10th Cir. 2009)
1626 BEN HUR DR SANTA FE, NM 87501 WWW.RABERNLAW.COM

TRACE RABERN

State v. Dylan J., 2009-NMCA-027, 145 NM 719 (Co-counsel with Robert Rosenthal) USA v. Ruemayr, 530 F. Supp. 2d 1210 (D. NM 2008) and 530 F. Supp. 2d 1200 (D. NM 2007) (Co-counsel with Marc Lowry) Astorga v. State (2008) (death penalty jury composition litigation (Co-author of NACDL Amicus Brief to the New Mexico Supreme Court) State v. Ryan, 2006-NMCA-044, 139 NM 354 and Petition for Writ of Certiorari to the United States Supreme Court State v. Jade G., 2007-NMSC-010, 141 N.M 284 State v. Ochoa, 2008-NMSC-023, 143 N.M. 749 State v. Willie, 2008-NMCA-030, 143 NM 615, State v. Trujillo, 2007-NMCA-056, 141 N.M. 66 State v. Gutierrez, 2007-NMSC-033, 142 NM 1 State v. Ochoa, 2006-NMCA-131, 140 NM 573 State v. Granville, 2006-NMCA-098, 142 P. 3d 933 State v. Paiz, 2006-NMCA-144, 140 NM 815 State v. Flores, 2005 NMCA 135, 138 N.M. 636 State v. Morales, 2005 NMCA 27, 137 NM 73 State v. Johnson, 2004-NMCA-058, 135 NM 567 State v. Spriggs-Gore, 2003-NMCA-046, 133 NM 479 State v. J. Grifn, 2002-NMCA-051, 132 NM 195 State v. Cardenas-Alvarez, 2001-NMSC-017, 130 NM 386 State v. Crystal B., 2001-NMCA-010, 130 NM 336 EXPERIENCE RABERN LAW, PRIVATE CRIMINAL AND APPELLATE PRACTICE Trace L. Rabern Attorney and Counselor at Law LLC, Santa Fe, NM 2 007-Present Federal and state court appeals, criminal defense and white collar complex litigation, Tenth Circuit Court of Appeals CJA Panel Attorney, mental illness and competency cases, defense against federal grand jury subpoenas , and motions to suppress, dismiss, and in limine to the New Mexico Federal District Court in designated-complex cases. ADJUNCT PROFESSOR, APPELLATE LAW IN PRACTICE, UNM SCHOOL OF LAW University of New Mexico School of Law, Albuquerque, NM 2009-2011 Co-taught, with Scott M. Davidson and Laura Fashing, full-year course involving brieng and arguing criminal law appeals in New Mexico state appellate courts and the Tenth Circuit.
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TRACE RABERN

ASSISTANT APPELLATE DEFENDER, NEW MEXICO PUBLIC DEFENDER APPELLATE DIVISION Appellate Division of the New Mexico Public Defender, Santa Fe, NM 1 998-2006 Triage, research, write, brief, orally argue, and otherwise fully handle 30 appeals a year in the New Mexico Supreme Court and the New Mexico Court of Appeals. Mentor, train, and read for other attorneys in the appellate division. Develop and present department-wide trainings on legal developments. Act as on-call reference person for trial attorneys statewide. Employee of the Year, 2002; Achievement Award, 2002; NMCDLA Courageous Achievement Award, 2004. APPELLATE LAW CLERK, JUSTICE DAN. A. MCKINNON, NEW MEXICO SUPREME COURT New Mexico Supreme Court, Santa Fe, NM 1997-1998 APPELLATE LAW CLERK, JUDGE BENNY E. FLORES, NEW MEXICO COURT OF APPEALS New Mexico Court of Appeals, Santa Fe, NM 1996-1997 UNIVERSITY OF NEW MEXICO SCHOOL OF LAW Albuquerque, NM Juris Doctorate with Honor 1996 Law Review, Moot Court Team, Torts Tutor, Writing Tutor Case Note: Mireles v. Broderick: Res Ipsa Loquiter in Medical Malpractice in New Mexico, 25 N.M. L. Rev. 341 (1995) Bachelor of Arts 1993, University of New Mexico, Latin American Studies and Philosophy [Logic].

EDUCATION

ACCOMPLISHMENTS Drafted and provided legal expertise on legislation that became repeal of the death penalty in NM--Charlie Driscoll Award Recipient--Survived three oral arguments in one day--Proponent of Independent Public Defender Department Amendment--Faculty NLADA Appellate Defender Training--Ethical Implications of Jones v. Murdoch for Defense Counsel, NMDLA, February 2009-Pragmatic Outline: Guarding The Fifth Amendment In Civil Case Depositions, December 2010--Outline and Trial Brief, Exclusion of Child and Forensic Nurse Hearsay from trial in New Mexico, 2006--Duke City Marathon medalist--Qualied for the Boston Marathon--Climbed Mr. Rainier--Tutor middle school math.

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