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New Mexico Common Law Law
 
United States of America v. Enrique Chavarria

Albuquerque, NM - Prior Felon from Roswell Pleads Guilty to Unlawful Possession of a Firearm

Enrique Chavarria, 33, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.

Chavarria was arrested on July 2... More...
   $0 (09-16-2016 - NM)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

STATE OF NEW MEXICO v . TRUETT THOMAS

On June 3, 2010, Guadalupe Ashford’s body was found partially hidden behind
16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated
17 that Ashford had initially been assaulted in the lot and then dragged a short distance
18 to its edge where her body was found. The drag marks were contained within the span
19 of one parking space and extended less... More...
   $0 (06-22-2016 - NM)

STATE OF NEW MEXICO v. 8ROBERT GEORGE TUFTS

Defendant Robert Tufts, a male in his late thirties, filmed himself masturbating,
4 saved the electronic image on a secure digital (SD) memory card, inserted the card
5 into a cell phone, handed the cell phone to a fifteen-year-old girl (Child) with whom
6 he had developed an intimate but non-sexual relationship, and told her there was a
7 surprise on the phone for her. Defendant ... More...
   $0 (06-02-2016 - NM)

Ramirez v. New Mexico Children, Youth and Families Department

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section... More...
   $0 (04-16-2016 - NM)

STATE OF NEW MEXICO v. MARIO CARMONA

In 2003, nine-year-old P.W. told her mother that Defendant (whom P.W.’s
8 mother had invited to stay overnight at her house as a guest) entered P.W.’s bedroom
9 at night and licked her vagina and anus. P.W.’s mother called the police, who took
10 P.W. and her mother to St. Joseph’s Hospital (now known as the Women’s hospital)
11 to be examined. P.W. was examined by Lydia Vandiver ... More...
   $0 (03-18-2016 - NM)

HEATHER SPURLOCK; SOPHIA CARRASCO; NINA CARRERA v. ANTHONY TOWNES, BARBARA WAGNER, CORRECTIONS CORPORATION OF AMERICA

Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera are former
13 inmates of the Camino Nuevo Correctional Center, a prison housing female offenders,
14 directed by Third-Party Defendant Warden Barbara Wagner and privately operated
15 by Third-Party Defendant Corrections Corporation of America (CCA). While
16 incarcerated, Plaintiffs were sexually assaulted by Defendant... More...
   $0 (03-14-2016 - NM)

STATE OF NEW MEXICO v. ANTHONY HOLT

Anthony Holt had partially removed a window screen from a residential
4 dwelling when he was detected by the homeowner and fled. In the process of
5 removing the screen, he placed his fingers behind the screen and inside the outer
6 boundary of the home. Holt was subsequently arrested and charged with breaking and
7 entering, in violation of NMSA 1978, Section 30-14-8 (1981). An “u... More...
   $0 (02-26-2016 - NM)

STATE OF NEW MEXICO v. 8NORMAN BENALLY

In this case, we hold that when law enforcement officers seized, impounded,
4 and sealed a vehicle, under NMSA 1978, Section 31-27-5(A) (2002, amended 2015),
5 they “ma[de] a seizure” of the currency that the vehicle contained. On June 23, 2011,
6 Gallup police officers seized a vehicle. On June 29, they executed a warrant to search
7 the vehicle and discovered $1295 in currency. ... More...
   $0 (02-26-2016 - NM)

Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS

This appeal arises out of a cross-claim for contractual and traditional
4 indemnification. The complaint alleged that Plaintiffs, Briana Fierro and Jason Fierro,
5 suffered injuries when a baby changing table collapsed in a Safeway store, and that
6 the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and
7 Rooter 2000 Plumbing and Drain SSS (Rooter). T... More...
   $0 (02-18-2016 - NM)

STATE OF NEW MEXICO v. DORALL SMITH

Defendant Dorall Smith appeals his convictions for first-degree murder,
4 contrary to NMSA 1978, Section 30-2-1(A)(1) (1994), and criminal damage to
5 property, contrary to NMSA 1978, Section 30-15-1 (1963). Defendant challenges his
6 convictions on ten grounds, arguing that: (1) there was insufficient evidence of
7 deliberate intent to support a conviction for first-degree murder... More...
   $0 (02-15-2016 - NM)

STATE OF NEW MEXICO v. ARTHUR J. MESTAS

On October 1, 2012, Edward Fisher was working as a desk clerk and night
10 monitor at the Motel 6 in Roswell. Mr. Fisher’s desk was behind a chest-high counter
11 that separated his office from a lobby open to motel guests and the public. Next to the
12 counter was a locked door that allowed Mr. Fisher and other motel employees to enter
13 and return from the lobby area. A mechani... More...
   $0 (02-13-2016 - NM)

State Of New Mexico v. Erwin

Defendant was convicted of three counts of criminal sexual contact with a
5 minor—one a second degree felony and the others third degree felonies. The child
6 was thirteen years of age at the time of the incidents, which occurred between July
7 12, 2011 and December 30, 2011. Defendant had been the boyfriend of the child’s
8 mother. Defendant had moved into the home with the mothe... More...
   $0 (01-23-2016 - NM)

State Of New Mexico v. Vargas

Defendant Michael Vargas, Sr. appeals his convictions on each of twenty-four
4 counts of intentional child abuse by torture, contrary to NMSA 1978, Section 30-6
5 1(D)(2) (2009). Defendant raises numerous issues on appeal, including (1) violations
6 of his rights to due process and to be free from double jeopardy, (2) the insufficiency
7 of the evidence to support his convictions, ... More...
   $0 (01-23-2016 - NM)

United States v. Ulibarri

The Court takes its facts from: (i) the PSR; (ii) the Sealed Response to Defendant Kenneth Ulibarri's Amended Objections to PSR [and] Sentencing Memorandum at 2, filed May 8, 2015 (Doc. 902)("Response"); and (iii) the Indictment, filed December 12, 2012 (Doc. 2)("Indictment").4 In June, 2011, the Federal Bureau of Investigation ("FBI") initiated an investigation codenamed Operation Rain Check into... More...   $0 (01-03-2016 - NM)

United States v. Rodella

THIS MATTER comes before the Court on the Motion for Release Pending Appeal, filed February 6, 2015 (Doc. 195)("Motion"). The primary issues are: (i) whether Defendant Thomas R. Rodella has presented a substantial question that, if answered in his favor, would likely result in a new trial; and (ii) whether Rodella has shown exceptional circumstances, which are required for a violent offender to be... More...   $0 (01-03-2016 - NM)

United States v. Lente

Following a drunk-driving crash on the Isleta Pueblo in New Mexico, in which three people were killed and another severely injured, Lente pled guilty to three counts of involuntary manslaughter and one count of assault resulting in serious bodily injury. According to the pre-sentence investigation report (“PSR”), her advisory Guidelines range was 46 to 57 months' imprisonment. However, the distric... More...   $0 (01-02-2016 - NM)

State Of New Mexico v. Paananen

Surveillance cameras at Sportsman’s Warehouse in Albuquerque caught Defendant Ernest Paananen placing two flashlights under his jacket and then leaving the store without paying. Moments later, the store’s loss prevention team apprehended Defendant and returned him to the store. The loss prevention team placed Defendant in a back room, frisked him, and called the police. During the frisk, a loss pr... More...   $0 (12-29-2015 - NM)

State Of New Mexico v. Davis

Over a period of time during 2005 and 2006, the New Mexico State Police received several reports that residents were growing marijuana plants throughout rural areas of Taos County, New Mexico. The informants, however, were unable or unwilling to provide the police with specific locations where marijuana was growing due to the remoteness of the area and fear of retaliation. In investigating the re... More...   $0 (12-29-2015 - NM)

Clark v. Mitchell

In this case we are once again called upon to interpret the 1988 amendments
4 to the New Mexico Constitution governing judicial selection. The question before the
5 Court is whether Article VI, Section 33 of the New Mexico Constitution prohibits a
6 district judge who loses a nonpartisan retention election from being appointed to fill
7 the resulting vacancy created by that judge’s... More...
   $0 (12-22-2015 - NM)

Moses v. Skandera

Intervenors’ motion for rehearing is denied. However, our prior opinion filed
4 on November 12, 2015 is withdrawn and the following is substituted in its place.
5 {2} Since the adoption of the New Mexico Constitution on January 21, 1911, New
6 Mexico has had a constitutional responsibility to provide a free public education for
7 all children of school age. N.M. Const. art. XII,... More...
   $0 (12-18-2015 - NM)

United States v. Johnson

THIS MATTER comes before the Court on the United States' Sentencing Memorandum and Motion for Upward Departure Pursuant to U.S.S.G. § 5K2.0, filed June 4, 2015 (Doc. 21)("Motion"). The Court held a sentencing hearing on June 26, 2015. The primary issues are: (i) whether upward departure is permitted under U.S.S.G. § 5K2.1 or U.S.S.G. § 5K2.21; (ii) whether an upward departure is appropriate where ... More...   $0 (12-15-2015 - NM)

United States v. Rodella

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the ... More...   $0 (12-13-2015 - NM)

United States v. Rodella

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the... More...   $0 (12-02-2015 - NM)

United States v. Gonzalez

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...   $0 (12-02-2015 - NM)

Ruth E. Dills v. New Mexico Heart Institute

Plaintiff Ruth E. Dills had a history of tachybrady syndrome for which she
11 received a pacemaker, with implanted leads, in 1996. She received a new pacemaker,
12 manufactured by Medtronics, in 2006. Plaintiff went to the emergency department of
13 the Heart Hospital in Albuquerque, New Mexico on February 10, 2009 with a
14 fractured lead placement. The following day, she met wit... More...
   $0 (11-28-2015 - NM)

State Of New Mexico v. Paananen

Surveillance cameras at Sportsman’s Warehouse in Albuquerque caught Defendant Ernest Paananen placing two flashlights under his jacket and then leaving the store without paying. Moments later, the store’s loss prevention team apprehended Defendant and returned him to the store. The loss prevention team placed Defendant in a back room, frisked him, and called the police. During the frisk, a loss p... More...   $0 (11-19-2015 - NM)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or ... More...
   $0 (11-16-2015 - NM)

State Of New Mexico v. Serros

The Sixth Amendment to the United States Constitution begins, “In all criminal
11 prosecutions, the accused shall enjoy the right to a speedy . . . trial.” See N.M. Const.
12 art. II, § 14. In State v. Garza, we emphasized that “[t]he heart of the right to a speedy
13 trial is preventing prejudice to the accused.” 2009-NMSC-038, ¶ 12, 146 N.M. 499,
14 212 P.3d 387. But we also reco... More...
   $0 (11-12-2015 - NM)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or... More...
   $0 (11-12-2015 - NM)

Robinson v. Board of Commissioners of the County of Eddy

In 1986 our Legislature established a county property valuation fund to assist
4 county assessors in fulfilling their statutory obligations to maintain current and
5 correct values of all property within their jurisdictions. See NMSA 1978, § 7-36
6 16(A) (2000); NMSA 1978, § 7-38-38.1(C) (2007). The County Assessor for Eddy
7 County (County Assessor or Assessor) sought to use some ... More...
   $0 (11-04-2015 - NM)

United States of America v. Jonathan Matthew Madrid

At issue is whether appellant Jonathan Madrid’s prior conviction for statutory
rape in Texas qualifies as a crime of violence under the United States Sentencing
Guidelines. Applying the familiar modified categorical approach, and in light of
-2-
Johnson v. United States, 135 S. Ct. 2551 (2015), we hold that it does not.
Exercising jurisdiction under 28 U.S.C. § 1291, we vacate ... More...
   $0 (11-02-2015 - NM)

State of New Mexico v. Paananen

Surveillance cameras at Sportsman’s Warehouse in Albuquerque caught Defendant Ernest Paananen placing two flashlights under his jacket and then leaving the store without paying. Moments later, the store’s loss prevention team apprehended Defendant and returned him to the store. The loss prevention team placed Defendant in a back room, frisked him, and called the police. During the frisk, a loss pr... More...   $0 (10-21-2015 - NM)

State Of New Mexico v. Hernandez

Following his arraignment for possession of a controlled substance, in violation 12 of NMSA 1978, Section 30-31-23(E) (2011), Defendant filed a motion to suppress 13 the controlled substances seized, as well as all statements made by him, following an 14 August 23, 2012, stop of an SUV in which he was a passenger. The district court held 15 an evidentiary hearing on the motion during which the Sta... More...   $0 (10-15-2015 - NM)

King v. Raphaelson

In 2009, Governor Bill Richardson appointed District Judge Sheri Raphaelson
17 to fill a vacancy in Division V of the First Judicial District Court created when then
18 District Judge Tim Garcia was appointed to the New Mexico Court of Appeals,
19 leaving an unexpired term of office. A year later, as required by Article VI, Section
17 See New Mexico Secretary of State Official Ele... More...
   $0 (09-16-2015 - NM)

Emily Kane v. City of Albuquerque

Since 1975, we have held that provisions precluding government employees
4 from seeking elective office are constitutionally permissible personnel rules
5 regulating conflicts of interest. See State ex rel. Gonzales v. Manzagol, 1975-NMSC-
6 002, ¶¶ 18-19, 87 N.M. 230, 531 P.2d 1203. These personnel rules act as conditions
7 of employment, and therefore do not constitute added qual... More...
   $0 (09-09-2015 - NM)

STATE OF NEW MEXICO, FRANK C. FOY and SUZANNE B. FOY, v. AUSTIN CAPITAL MANAGEMENT, LTD,

In this case, we address whether the retroactive application of the Fraud
4 Against Taxpayers Act, NMSA 1978, Sections 44-9-1 to -14 (2007) (“FATA” or “the
5 Act”) violates the Ex Post Facto Clauses of the United States and New Mexico
6 Constitutions. See U.S. Const. art 1, § 10, cl. 1; N.M. Const. art. 2, § 19. We hold
7 that FATA is constitutional. The treble damages under FA... More...
   $0 (08-05-2015 - NM)

United States of America v. Clay O'Brien Mann

A New Mexico grand jury charged Clay O’Brien Mann with eight counts, including
three 18 U.S.C. § 924(c) violations, arising from his shooting three people on an Indian
- 2 -
reservation. He appeals his sole § 924(c) conviction, which arose from his assault and
shooting of Paula Nez. As with the other two § 924(c) counts, the government charged
that Mann had knowingly disch... More...
   $0 (05-18-2015 - NM)

In the Matter of Mahdjid B. and Aliah B., children

{1} Respondent Djamila B. (Guardian) was appointed by a family court as kinship
guardian to Mahdjid and Aliah (Children). Petitioner Children, Youth and Families
Department (CYFD) brought abuse and neglect proceedings in children’s court against
Guardian and Children’s biological parents pursuant to the Abuse and Neglect Act (ANA),
NMSA 1978, §§ 32A-4-1 to -34 (1993, as amend... More...
   $0 (12-15-2014 - NM)

Jeffrey Potter v. Chris Pierce

{1} Res judicata is a judicially created doctrine designed to promote efficiency and
finality by giving a litigant only one full and fair opportunity to litigate a claim and by
precluding any later claim that could have, and should have, been brought as part of the
earlier proceeding. In this case, we examine the preclusive effect of a fee proceeding in
bankruptcy court on a later ... More...
   $0 (01-08-2015 - NM)

 
 
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