New Mexico Homeowners Association Law
<h2><center> Rachael Guinn v. American Strategic Insurance Corporation </h2></center>
Albuquerque, New Mexico insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory. <br> <br> "In New Mexico, bad faith breach of an insurance contract occurs when an insurance company fails to act in good faith when investigating, evaluating, or settling a claim. This can include a variety of actions, such as:<br> <br> Unreasonably delayin... More...
$0 (10-10-2023 - NM)<h2><center> Donald Thomas Sharp v. S. Hampton </h2></center>
Albuquerque, New Mexico pro se Plaintiff sued Defendant without a lawyer on a civil rights theory.<br> <br> <br> This matter is before the Court on Plaintiff Donald Thomas Sharp's Criminal Complaint (Doc. 1). Also before the Court are his various motions seeking mandamus relief, to take action against the Public Defender, to amend, to enter evidence, to add defendants, and for an injunction. See D... More...
$0 (07-10-2023 - NM)<h2><center> United States of America v. Nick L. Medeiros and Bobby D. Greaves </h2> </center>
Albuquerque, New Mexico criminal defense lawyers represented Defendants charged with conspiracy, fraud and making false statements.<br> <br> A federal grand jury indicted Nick L. Medeiros, age 49, and Bobby D. Greaves, age 62, Greaves on June 13, 2018, charging the two men with conspiracy, major fraud against the United States, and two counts of false statements. The indictment also included forfe... More...
$0 (03-29-2022 - NM)<center> <h2> United States of America v. Daniel Logan Mock </h2> </center>
Albuquerque, NM - The United States of America charged Daniel Logan Mock with the transmission of threatening communications in interstate commerce.<br> <br> Daniel Logan Mock, 34, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque on May 13 to two counts of transmission of threatening communications in interstate commerce.<br> <br> In Mock�s plea agreement, ... More...
$0 (05-21-2020 - nm)<center> <h2> Dine Citizens Against Ruining Our Environment v. David Bernhardt; United States Department of Land Management </h2> </center>
<center><br> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"><br> </center><br> <br> In this case, we are asked to decide whether the Bureau of Land Management<br> violated the National Historic Preservation Act (NHPA) and the National<br> Environmental Policy Act (NEPA) in granting more than 300 applications for permits<br> to drill horizontal, multi-stage... More...
$0 (05-07-2019 - NM)<center> <h2> Darlene Collins v. Charles W. Daniels, et al. </h2> </center>
<center><br> <img width="300" src="http://www.nmd.uscourts.gov/sites/nmd/files/Albuquerque%20PVD.jpg"><br> </center><br> <br> This is a § 1983 case that challenges the constitutionality of New Mexico’s<br> system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of<br> New Mexico (“BBANM”), and five New Mexico state legislators (the “Legislator<br> Plaintiffs”) a... More...
$0 (02-26-2019 - NM)<center><h2> STATE OF NEW MEXICO v. JOSEPH BLEA</h2> <table> <td> <img width="300" src=" https://d3el53au0d7w62.cloudfront.net/wp-content/uploads/2015/06/a01_jd_11jun_blea-440x500.jpg"> </td> </table></center><center><h2><FONT COLOR="black">Convicted rapist Joseph Blea, left, is taken into custody after being sentenced to 36 years by District Court Judge Judith Nakamura on Monday. </FONT> </h2>
On November 2, 1988, A.W. (Victim 1), who was 13 years old, went to her<br> 15 home after school where an unknown man wearing a ski mask was lying in wait,<br> 16 armed with a knife. The man vaginally penetrated Victim 1, and then forced her into<br> 17 the bathroom. After securing the bathroom door so Victim 1 could not escape, the<br> 18 unknown man fled. Victim 1 was taken to the hospital, whe... More...
$0 (06-28-2018 - NM)<center> <h2>STATE OF NEW MEXICO v. PHILLIP SIMMONS <P> <img width="300" src="http://www.courthouses.co/wp/wp-content/gallery/new-mexico/1170nm16.jpg"> <P> New Mexico Court of Appeals </h2> </center>
On an evening in July 2010, Victim, a fifteen-year-old boy, went to a concert<br> 5 with his family. After the concert, Victim planned on attending a party with his family<br> 6 and got a ride with his cousin and his cousin’s friend. While in the car, Victim got<br> 7 into an argument with his cousin, at which point his cousin’s friend kicked Victim out<br> 8 of the car in downtown Albuquerque... More...
$0 (11-08-2017 - NM)<center> <h2> Arsenio Cordova v. Jill Cline, et al. </h2></center>
This dispute comes before the Court in relation to a malicious abuse of process<br> 4 claim made by Taos school board member Arsenio Cordova (Cordova) against<br> 5 eighteen members of an unincorporated citizens� association (collectively,<br> 6 Petitioners) following their efforts to remove Cordova from office under the Local<br> 7 School Board Member Recall Act (Recall Act), NMSA 1978, ï¿... 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<br> the trial court to ask the defendant if he had anything to say on his behalf before<br> imposing sentence—a failure to personally address the defendant and offer an<br> opportunity to allocute. Because our jurisprudence has been somewhat contradictory,<br> we also chose to grant en banc rehearing in order to refine... More...
$0 (03-03-2017 - NM)STATE OF NEW MEXICO v. JOANN YAZZIE
The New Mexico Mandatory Financial Responsibility Act (MFRA), NMSA<br> 4 1978, §§ 66-5-201 to -239 (1978, as amended through 2015), prohibits operation of<br> 5 a motor vehicle without liability insurance or other proof of financial responsibility<br> 6 and requires that proof of compliance be reported to the Motor Vehicle Division<br> 7 (MVD) of the New Mexico Taxation and Revenue Department (... More...
$0 (06-30-2016 - NM)STATE OF NEW MEXICO v . TRUETT THOMAS
On June 3, 2010, Guadalupe Ashford’s body was found partially hidden behind<br> 16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated<br> 17 that Ashford had initially been assaulted in the lot and then dragged a short distance<br> 18 to its edge where her body was found. The drag marks were contained within the span<br> 19 of one parking space and extended le... More...
$0 (06-22-2016 - NM)United States of America v. Maria L. Ceniceros
Las Curces, NM - Former Doña Ana County Clerk’s Office Employee Sentenced to Prison for Federal Theft and Identity Fraud Conviction<br> <br> 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. <br> <br> Ceniceros and co-defendant Armando Guti... More...
$0 (06-11-2016 - NM)STATE OF NEW MEXICO v. JUDD MOORE
Defendant was arrested on July 13, 2010, based on charges filed in the<br> 10 magistrate court consisting of several counts of forgery, embezzlement, and<br> 11 conspiracy to commit forgery. On July 14, 2010, Defendant made his first appearance,<br> 12 and was released from custody subject to conditions three days later. The complaint<br> 13 against Defendant was then dismissed without prejudice ... More...
$0 (06-11-2016 - NM)STATE OF NEW MEXICO v. ROBERT EARLEY
Robert Glenn Earley, convicted by a jury of first-degree murder, tampering with3<br> evidence, and kidnapping, raises eight issues on direct appeal to this Court: (1) the4<br> trial court erred by denying Defendant’s motion to suppress three statements he made5<br> to law enforcement officers, (2) the trial court erred by denying Defendant’s motion6<br> for a continuance, (3) the trial court e... More...
$0 (05-23-2016 - NM)Ramirez v. New Mexico Children, Youth and Families Department
Congress enacted USERRA to encourage noncareer military service, to<br> 7 minimize disruptions in the lives and communities of those who serve in the<br> 8 uniformed services, and “to prohibit discrimination against persons because of their<br> 9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created<br> 10 USERRA pursuant to its War Powers set forth in Article I, Se... More...
$0 (04-16-2016 - NM)Acosta v. Shell W. Expl. & Prod., Inc.
Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was<br> 3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling<br> 4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from<br> 5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not<br> 6 conduct any environmental risk as... More...
$0 (03-21-2016 - NM)Acosta v. Shell W. Expl. & Prod., Inc.
Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was<br> 3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling<br> 4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from<br> 5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not<br> 6 conduct any environmental risk ass... 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).<br> 3 In 2009, the Commission amended a portion of the 2008 Rule (the 2009<br> 4 Amendment). Both the 2008 Rule and its 2009 Amendment were appealed to the First<br> 5 Judicial District Court by entities affiliated with the oil and gas industry, and the<br> 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<br> security checkpoints. Prior to 2008, he was able to clear checkpoints by<br> complying with alternative TSA identification procedures. In 2008, the TSA<br> established a policy that those who “simply refuse[d] to provide any identification<br> or assist transportation security officers in ascertaining their identi... 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<br> 19 Police, Defendant Danny Surratt was charged in Lea County Magistrate Court with<br> 2<br> 1 several counts stemming from allegations of inappropriate sexual conduct with his<br> 2 two minor stepgranddaughters. Defendant served for many years as a law<br> 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 th... 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.”<br> {3} On August 15, 2011, Sn... More...
$0 (09-15-2015 - NM)Emily Kane v. City of Albuquerque
Since 1975, we have held that provisions precluding government employees<br> 4 from seeking elective office are constitutionally permissible personnel rules<br> 5 regulating conflicts of interest. See State ex rel. Gonzales v. Manzagol, 1975-NMSC-<br> 6 002, ¶¶ 18-19, 87 N.M. 230, 531 P.2d 1203. These personnel rules act as conditions<br> 7 of employment, and therefore do not constitute added qu... 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<br> minor female and was required to register as a sex offender. As a result, he was<br> required to register as a sex offender. In 2010, after having traveled in interstate<br> commerce, Mr. LeCompte failed to register. In 2011, he pled guilty in federal court<br> 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<br> conspired to enable Dr. Armando Gutierrez (a media consultant) to<br> increase his compensation under a State contract without any<br> additional work. In exchange for the increase, Dr. Gutierrez allegedly<br> gave kickbacks to Mr. Kupfer through Mr. Kupfer’s consulting<br> company. The government alleged that Dr. Gutierrez had disg... More...
$0 (08-19-2015 - NM)KEN SNOW and ALLENE SNOW v. WARREN POWER & MACHINERY, INC.
This matter presents an unusual issue dealing with the procedure for seeking<br> 4 leave to amend a complaint to add parties as additional defendants. When the motion<br> 5 for leave is filed before the statute of limitations has run, but the order granting leave<br> 6 is filed after the statute has run, is the amended complaint time barred? Adopting a<br> 7 new rule for this situation, we hold t... More...
$0 (08-11-2015 - NM)DARA HEM v.TOYOTA MOTOR CORP., et al.
In March 2007, Hem brought suit in a Texas federal court after he was<br> 9 seriously injured in an accident. Hem was traveling through northern New Mexico<br> 10 when his Toyota truck separated from the U-Haul trailer it was towing, causing the<br> 11 truck to roll over several times. After treating Hem for his injuries, UNMH recorded<br> 12 a hospital lien for Hem’s outstanding medical bills.... 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<br> three 18 U.S.C. § 924(c) violations, arising from his shooting three people on an Indian<br> - 2 -<br> reservation. He appeals his sole § 924(c) conviction, which arose from his assault and<br> shooting of Paula Nez. As with the other two § 924(c) counts, the government charged<br> that Mann had know... 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<br> U.S.C. § 751(a). Mike walked away from a halfway house where he was<br> confined as a condition of supervised release. He argues that such a violation<br> did not constitute “escape†from “confinement†within the meaning of § 751(a).<br> However, he also acknowledges to this court that such... 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<br> the statute, three states (New Mexico, Utah, and Wyoming), one city (City of<br> Albuquerque), and one county (Bernalillo County) adopted a regional cap-and4<br> trade program regulating sulfur-dioxide emissions over the Colorado Plateau.1<br> Under this program, each participant obtained a ceiling on sulfur-dioxide<br> em... More...
$0 (10-21-2014 - NM)United States of America - Department of Justice - Re: Albuquerque Police Department
Dear Mayor Berry:<br> <br> We write to report the findings of the Department of Justice’s civil investigation of the Albuquerque Police Department (“APD†or “the departmentâ€). 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 14141â�... 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 ... 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 Cult... More...
$0 (02-06-2014 - NM)Caitlin Hall, et. al., v. Kat Valdez, et. al.
06/14/2012 CLS: DISMISSAL WITH PREJUDICE D 1 <br> ORDER GRANTING DEFENDANTS KAT VALDEZ AND UNITED SERVICE AUTOMOBILE ASSOCIATION S MOTION TO DISMISS, OR IN THE ALTERNATIVE MOTION FOR SUMMARY JUDGMENT <br> 04/17/2012 NTC: OF HEARING <br> 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)