The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...    $0 (07-24-2018 - NM)

On November 2, 1988, A.W. (Victim 1), who was 13 years old, went to her
15 home after school where an unknown man wearing a ski mask was lying in wait,
16 armed with a knife. The man vaginally penetrated Victim 1, and then forced her into
17 the bathroom. After securing the bathroom door so Victim 1 could not escape, the
18 unknown man fled. Victim 1 was taken to the hospital, whe... More...    $0 (06-28-2018 - NM)

This civil rights class action lawsuit was filed thirty years ago to challenge
various aspects of the institutionalization of developmentally disabled individuals at
two state-supported facilities in New Mexico. After a lengthy trial in 1990, the
district court ruled that Defendants—the two institutions and the individuals charged
with their operation—were violating class members’ ... More...    $0 (01-23-2018 - NM)

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...    $0 (01-10-2018 - NM)

Child was born in March 2015. The New Mexico Children, Youth and Families
13 Department (CYFD) took Child into custody on April 11, 2016. CYFD then filed an
14 abuse/neglect petition on April 13, 2016 naming Mother and Father as respondents,
15 and Carlos G. (Husband) as an interested party. Based on information provided by
16 Mother, CYFD alleged that Father is the biological fat... More...    $0 (11-08-2017 - NM)

3 Defendant Jesus Castro was charged with two counts of criminal sexual
4 penetration. Defendant had two trials; the first resulted in a mistrial, and thirty-two
5 months later, after the second trial, a jury convicted him of one count of forced penile
6 penetration. The delay was due to multiple continuances, attorney motions to
7 withdraw from the case, the mistrial, ... More...    $0 (08-24-2017 - NM)

The appellate process in New Mexico has evolved in tandem with our court
17 system, and an overview of the historical development of our courts provides helpful
18 background for understanding the issues in this case. The structure of New Mexico’s
19 judicial system can be traced back to prestatehood laws. See State v. Ball, 1986
2
1 NMSC-030, ¶¶ 17-21, 104 N.M. 176, 718 P.2d ... More...    $0 (06-14-2016 - NM)

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)

Defendant and Christina Lee met and began dating in high school. Although
15 never married, they moved in together and had four children over the course of their
16 twelve-year relationship. In 2005 or 2006, Defendant purchased a home on San
17 Jacinto Northeast in Albuquerque, New Mexico, where he, Christina, and their
18 children lived until 2010. Only Defendant’s name was on the... More...    $0 (03-09-2016 - NM)

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)

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)

Defendant Trevor Begay was convicted of battery in the San Juan County
11 Magistrate Court and sentenced to 182 days of imprisonment with credit for eleven
12 days of time served. The magistrate court suspended his sentence and ordered that
13 Defendant serve 171 days of supervised probation. Defendant violated the terms of
14 his probation and could not be located to answer for th... More...    $0 (01-23-2016 - NM)

Defendant was convicted of two counts of first degree murder for the February
28, 2011, killings of Joey Maestas (Maestas) and Sara Salazar (Salazar) in Rio Arriba
County. He was also convicted of tampering with evidence for the destruction by fire
3 of the vehicle in which the bodies were found. The jury convicted Defendant based
4 largely on circumstantial evidence showing that D... More...    $0 (01-05-2016 - NM)

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)

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)

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)

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)

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)

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ... More...    $0 (10-07-2015 - NM)

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...    $0 (09-16-2015 - NM)

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...    $0 (09-16-2015 - NM)

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)

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)

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)

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)

{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)

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)

{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.â€� 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)

Debtor-Appellant Market Center East Retail Property, Inc. (“Market Centerâ€�) appeals from the Bankruptcy Appellate Panel (“BAPâ€�), which affirmed the bankruptcy court’s award of attorney’s fees to Appellees Barak Lurie and his firm, Lurie & Park (collectively “Lurieâ€�). Lurie was Market Center’s attorney in completing the sale of a retail shopping center to Lowe’s Home Center (“... More...    $0 (09-19-2013 - NM)

{1} This case requires us to determine whether a complaint based solely on the Uniform Commercial Code’s (UCC) provisions for breach of warranty, but seeking personal injury damages, is a claim under the UCC or a tort claim for personal injury. The determination affects which statute of limitation applies and, thus, whether the claim was properly dismissed as barred under the three-year limit on... More...    $0 (03-11-2013 - NM)

{1} We granted certiorari to review a Memorandum Opinion of the Court of Appeals and to address four issues stemming from a lawsuit by LensCrafters to enforce a noncompete provision against optometrist Dennis Kehoe after a sublease contract between the two parties ended. Having reviewed the record in this complex, convoluted, and contentious eleven-year dispute, we hold that (1) the district court... More...    $0 (06-14-2012 - NM)

{1} Several months after being granted sole legal and physical custody of Patrick D. (Child), Brian D. and Peggy D. (Grandparents) filed a petition for guardianship and custody pursuant to the Kinship Guardianship Act (the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). Julie Ann D. (Mother), Grandparents’ daughter, consented to the guardianship, but Freedom C. (Father) opposed it. After an eviden... More...    $0 (05-30-2012 - NM)

Public officials using the power of their perches to wring money and favors from those they are supposed to serve is a problem as old as government itself. But the problem hardly persists for a lack of effort to eradicate it. Cicero tried to expunge extortion from the public arena when he prosecuted the plundering Roman governor Gaius Verres, and we do much the same today when we prosecute plunder... More...    $0 (01-23-2012 - NM)

In this appeal we must decide whether the defendant deputy district attorneys are entitled to qualified immunity for the advice they gave the sheriff’s deputy who arrested plaintiff for allegedly interfering with the custodial or visitation rights of her son’s father, in violation of New Mexico law.1 We agree with the district court that the district attorneys are entitled to qualified immunit... More...    $0 (01-09-2012 - NM)

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...    $0 (04-22-2011 - NM)

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as to the ownership and use of, as ... More...    $0 (12-18-2002 - NM)

In this litigation, Plaintiffs challenge New Mexico’s statutory scheme regulating title insurance, arguing it is contrary to state law. Here, Plaintiffs appeal the district court’s decision dismissing their claims against several title insurance companies that have complied with this New Mexico law. Having jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.1

I. BACKGROUND

... More...    $0 (04-26-2011 - NM)