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New Mexico Homeowners Association Law


New Mexico Court of Appeals

On an evening in July 2010, Victim, a fifteen-year-old boy, went to a concert
5 with his family. After the concert, Victim planned on attending a party with his family
6 and got a ride with his cousin and his cousin’s friend. While in the car, Victim got
7 into an argument with his cousin, at which point his cousin’s friend kicked Victim out
8 of the car in downtown Albuquerque nea... More...
   $0 (11-08-2017 - NM)

Arsenio Cordova v. Jill Cline, et al.

This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens’ association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, §§ 22-7-1... More...
   $0 (05-26-2017 - NM)

United States of America v. Bustamante-Conchas

We granted en banc review in this case because it involves a clear failure of
the trial court to ask the defendant if he had anything to say on his behalf before
imposing sentence—a failure to personally address the defendant and offer an
opportunity to allocute. Because our jurisprudence has been somewhat contradictory,
we also chose to grant en banc rehearing in order to refine t... More...
   $0 (03-03-2017 - NM)


The New Mexico Mandatory Financial Responsibility Act (MFRA), NMSA
4 1978, §§ 66-5-201 to -239 (1978, as amended through 2015), prohibits operation of
5 a motor vehicle without liability insurance or other proof of financial responsibility
6 and requires that proof of compliance be reported to the Motor Vehicle Division
7 (MVD) of the New Mexico Taxation and Revenue Department (th... More...
   $0 (06-30-2016 - NM)


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)

United States of America v. Maria L. Ceniceros

Las Curces, NM - Former Dońa Ana County Clerk’s Office Employee Sentenced to Prison for Federal Theft and Identity Fraud Conviction

Maria L. Ceniceros, 43, of Anthony, N.M., was sentenced to 18 months in prison followed by three years of supervised release for her theft of government property and aggravated identity theft conviction.

Ceniceros and co-defendant Armando Gutierr... More...
   $0 (06-11-2016 - NM)


Defendant was arrested on July 13, 2010, based on charges filed in the
10 magistrate court consisting of several counts of forgery, embezzlement, and
11 conspiracy to commit forgery. On July 14, 2010, Defendant made his first appearance,
12 and was released from custody subject to conditions three days later. The complaint
13 against Defendant was then dismissed without prejudice ... More...
   $0 (06-11-2016 - NM)


Robert Glenn Earley, convicted by a jury of first-degree murder, tampering with3
evidence, and kidnapping, raises eight issues on direct appeal to this Court: (1) the4
trial court erred by denying Defendant’s motion to suppress three statements he made5
to law enforcement officers, (2) the trial court erred by denying Defendant’s motion6
for a continuance, (3) the trial court erred... More...
   $0 (05-23-2016 - 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)

Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assess... More...
   $0 (03-21-2016 - NM)

Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assessm... More...
   $0 (03-07-2016 - NM)

Earthworks' Oil & Gas Accountability Project v. N.M. Oil Conservation Comm'n

In 2008, the Commission approved a version of the Pit Rule (the 2008 Rule).
3 In 2009, the Commission amended a portion of the 2008 Rule (the 2009
4 Amendment). Both the 2008 Rule and its 2009 Amendment were appealed to the First
5 Judicial District Court by entities affiliated with the oil and gas industry, and the
6 district court certified the appeals to this Court; we stayed ou... More...
   $0 (02-29-2016 - NM)

Mocek v. City of Albuquerque

Mocek has a practice of refusing to show his photo identification at airport
security checkpoints. Prior to 2008, he was able to clear checkpoints by
complying with alternative TSA identification procedures. In 2008, the TSA
established a policy that those who “simply refuse[d] to provide any identification
or assist transportation security officers in ascertaining their identity... More...
   $0 (01-24-2016 - 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

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)

State Of New Mexico v. Surratt

On August 31, 2010, following an investigation by the New Mexico State
19 Police, Defendant Danny Surratt was charged in Lea County Magistrate Court with
1 several counts stemming from allegations of inappropriate sexual conduct with his
2 two minor stepgranddaughters. Defendant served for many years as a law
3 enforcement officer in Lea County and was a deputy sheriff at the... More...
   $0 (12-11-2015 - 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)

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)

Tri-State Generation & Transmission Ass'n v. N.M. Pub. Regulation Com'n

As a generation and transmission cooperative (G&T Coop) owned by forty-four distribution cooperatives that are each members of its board, Tri-State Generation and Transmission Association, Inc., sells electric power exclusively to its members in four states. To cover its costs, Tri-State charges rates in accordance with a revenue requirement and a rate design approved by the Tri-State board. In 20... More...   $0 (09-15-2015 - NM)

Snow v. Warren Power & Mach., Inc.

Ken Snow worked as an operator for the Navajo Refinery. His duties as an operator included performance of a “turn-around,” a “process by which the refinery is shut down and all the parts and connections are cleaned or replaced.” During a turn-around on January 20, 2009, a hose assembly came loose and struck Snow, causing “serious, life-changing injuries.”
{3} On August 15, 2011, Snow and his w... More...
   $0 (09-15-2015 - 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)

United States of America v. Paul Lecompte

In 2003, Paul LeCompte pled guilty in state court to a sex offense involving a
minor female and was required to register as a sex offender. As a result, he was
required to register as a sex offender. In 2010, after having traveled in interstate
commerce, Mr. LeCompte failed to register. In 2011, he pled guilty in federal court
to failing to register under the Sex Offender Registrat... More...
   $0 (09-01-2015 - NM)

United States of America v. Joseph C. Kupfer

According to the government, Mr. Joseph Kupfer and his wife
conspired to enable Dr. Armando Gutierrez (a media consultant) to
increase his compensation under a State contract without any
additional work. In exchange for the increase, Dr. Gutierrez allegedly
gave kickbacks to Mr. Kupfer through Mr. Kupfer’s consulting
company. The government alleged that Dr. Gutierrez had disgui... More...
   $0 (08-19-2015 - NM)


This matter presents an unusual issue dealing with the procedure for seeking
4 leave to amend a complaint to add parties as additional defendants. When the motion
5 for leave is filed before the statute of limitations has run, but the order granting leave
6 is filed after the statute has run, is the amended complaint time barred? Adopting a
7 new rule for this situation, we hold t... More...
   $0 (08-11-2015 - NM)


In March 2007, Hem brought suit in a Texas federal court after he was
9 seriously injured in an accident. Hem was traveling through northern New Mexico
10 when his Toyota truck separated from the U-Haul trailer it was towing, causing the
11 truck to roll over several times. After treating Hem for his injuries, UNMH recorded
12 a hospital lien for Hem’s outstanding medical bills. T... More...
   $0 (07-30-2015 - 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)

United States of America v. Adrian Mike

Defendant Adrian Mike appeals his conviction for escape in violation of 18
U.S.C. § 751(a). Mike walked away from a halfway house where he was
confined as a condition of supervised release. He argues that such a violation
did not constitute “escape” from “confinement” within the meaning of § 751(a).
However, he also acknowledges to this court that such a contention is for... More...
   $0 (12-23-2014 - NM)

Wildearth Guardians v. United States Environmental Protection Agency

This appeal grows out of the Clean Air Act. In an effort to comply with
the statute, three states (New Mexico, Utah, and Wyoming), one city (City of
Albuquerque), and one county (Bernalillo County) adopted a regional cap-and4
trade program regulating sulfur-dioxide emissions over the Colorado Plateau.1
Under this program, each participant obtained a ceiling on sulfur-dioxide
em... More...
   $0 (10-21-2014 - NM)

United States of America - Department of Justice - Re: Albuquerque Police Department

Dear Mayor Berry:

We write to report the findings of the Department of Justice’s civil investigation of the Albuquerque Police Department (“APD” or “the department”). Our investigation focused on allegations of use of excessive force by APD officers under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 (“Section 14141”). Section 14141 makes it u... More...
   $0 (04-11-2014 - NM)

United States of America v. Gloria Porter

Following a jury trial, Defendant-Appellant Gloria Porter was convicted of 105 counts of wire fraud, one count of mail fraud, and one count of identity theft. Ms. Porter appeals her convictions, claiming that the district court incorrectly instructed the jury with respect to aggravated identity theft and that the evidence was insufficient to support her convictions for wire fraud and mail fraud. W... More...   $0 (03-07-2014 - NM)

State of New Mexico v. Lawrence Sedillo

{1} The State appeals a pretrial ruling by the district court excluding certain photographic evidence as hearsay. The State proposed to use the evidence to establish that Defendant was in possession and control of the northwest bedroom of his father’s home where methamphetamine was seized during a lawful search. Because the photographs of two telephone correspondence documents are relevant for a... More...   $0 (01-27-2014 - NM)

Rayellen Resources, Inc. v. New Mexico Cultural Properties Review Committee

{1} We accepted certification from the Court of Appeals to review the decision of the New Mexico Cultural Properties Review Committee to recognize approximately 400,000 acres of public land on Mount Taylor as a registered cultural property under the New Mexico Cultural Properties Act. We affirm in part the Committee’s decision and hold that the Mount Taylor listing was lawful under the Cultural ... More...   $0 (02-06-2014 - NM)

Caitlin Hall, et. al., v. Kat Valdez, et. al.

04/17/2012 NTC: OF HEARING
Df Kat Valdez and United State Autombile Association's Motion to Dismiss, Or In the Alternative for Motion For Summary Judgment hearing set... More...
   $0 (06-14-2012 - NM)

Thi of New Mexico at Hobbs Center, LLC v. Lillie Mae Patton

Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before us is whether the Federal Arbitration Act (FAA) preempts this state law for contracts governed by the FAA. We hold that New Mexico law is preempted in this ca... More...   $0 (01-28-2014 - NM)

Rose Griego v. Maggie Toulouse Oliver

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.” N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

Wild Horse Observers Association, Inc. v. Sally Jewell

The Wild Horse Observers Association (WHOA), appeals the district court’s dismissal of its petition for injunctive relief and a declaratory judgment against the United States Department of the Interior and the United States Bureau of Land Management (collectively, the “BLM”), and New Mexico resident, Al Baca, who owns land adjacent to federal land. The district court dismissed WHOA’s suit ... More...   $0 (12-20-2013 - NM)

United States of America v. Nathan Archuleta ak/k/a "Enemy"

A jury convicted Defendant Nathan Archuleta of possession of methamphetamine, possession of methamphetamine with intent to distribute, conspiracy to possess methamphetamine with intent to distribute, and being a felon in possession of a firearm. On appeal, Archuleta contends that admission of a gang expert’s testimony violated Federal Rules of Evidence 403, 702, and 704(b). Of the three evidenti... More...   $0 (12-17-2013 - NM)

Front Range Equine Rescue et al v. Vilsack et al

The Humane Society of the United States sued the State of New Mexico, Department of Agriculture seeking to prevent the State from approving the opening of a horse slaughter house claiming that the State failed to conduct proper environmental studies before it issued permits to Valley Meat Co., Roswell, New Mexico and an Iowa company to slaughter horses for human consumption.

_____________... More...
   $0 (11-01-2013 - NM)

La Vida Llena v. Karen L. Montoya

{1} Appellant Karen Montoya, Bernalillo County Assessor (the Assessor), appeals from the district court’s order reversing the Bernalillo County Valuation Protest Board’s (the Board) determination that Appellee La Vida Llena is not entitled to a charitable exemption from property tax. On appeal, we consider whether the property tax exemption for a continuing care facility that donates or render... More...   $0 (02-19-2013 - NM)

John N. Horne v. Los Alamos National Security, LLC

1 {1}

This case arises from an employee grievance at Los Alamos National Laboratory (LANL), operated by Los Alamos National Security, LLC. After succeeding in arbitration, the employee, John Horne, filed a lawsuit in state district court in 2008, in which he alleged more expansive claims arising out of the same subject matter covered in the arbitration agreement. LANL objected, claiming t... More...
   $0 (01-31-2013 - NM)

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