New Mexico Emotional Distress Law
 

United States of America v. Caleb Elledge

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with illegally possessing a firearm as a convicted felon.

Felon Who Shot New Mexico State Police Officer Sentenced to 9 Years in Prison



A Los Lunas man ... More...
   $0 (07-09-2024 - NM)

Najumna Jones v. Lachhman Singh and 5 ABI Inc.

Albuquerque, New Mexico personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.

This case was filed in the Second Judicial District Court, Bernalillo County, D-202-CV-23-05271, and was removed to federal court by the Defendants.

"New Mexico has created specific laws for trucking accidents that can help protect injured vict... More...
   $0 (02-26-2024 - NM)

Amanda Morales v. Supreme Maintenance Inc., Wade Hunt and Gloria Sanchez

Albuquerque, New Mexico pro se Plaintiff, without a lawyer, sued Defendants on discrimination, wrongful termination and retaliation theories.


This case arises from the alleged discrimination, wrongful termination, and retaliation against Plaintiff Amanda Morales by her employer, Defendant Supreme Maintenance Inc. Plaintiff was employed as a janitorial worker by Supreme Maintenance fr... More...
   $0 (06-24-2022 - NM)

State of New Mexico v. Kenneth J. Pierre

Santa Fe, NM - Criminal defense attorney represented Defendant on reckless child abuse resulting in great bodily harm charge.



Defendant resided with Ashley, with whom he was in an intimate relationship;
5 the couple’s young daughter; and J.A., Ashley’s seven-month-old son. After learning
6 Ashley had spoken with J... More...
   $0 (05-23-2021 - NM)

STATE OF NEW MEXICO v. JULIAN SELPH

Farmington, NM - Criminal defense lawyer represented defendant JULIAN SELPH charged with one count of criminal sexual contact of a minor (CSCM) under thirteen; twelve counts of criminal sexual penetration (CSP) of a child under thirteen; seven counts of criminal sexual contact of a minor (Person in Position of Authority (PPA)); and one count of bribery or intimidation of a ... More...    $0 (10-14-2020 - NM)

United States of America v. Arthur Perrault




Santa Fe, NM - FEDERAL JURY CONVICTS ARTHUR PERRAULT ON FEDERAL CHILD SEXUAL ABUSE CHARGES

Former Priest Extradited from Morocco in September 2018 Found

Guilty of Sexually Abusing Child on Kirtland Air Force Base and Santa Fe

National Cemetery in 1991-1992; Pro... More...
   $0 (04-10-2019 - NM)

STATE OF NEW MEXICO v. JUAN GALINDO

Sex Offender

Deputies from the Bernalillo County Sheriffs Department were dispatched to
16 Defendants home at approximately 3:50 a.m. in response to a call for assistance
17 about an infant who was choking on milk. When the deputies arrived, they were
18 directed to Defendants bedroom, where they found Baby wrapped tightly in a blanket
19 that was saturated with blood near her pelvic area.... More...
   $0 (03-17-2018 - NM)

STATE OF NEW MEXICO v. OSCAR ARVIZO

In December 2009, Valerie Barreras and her husband Anthony Barreras had
3 two daughtersA.B., then thirteen years old, and her younger sister S.B., then six
4 years old. Defendant was married to Valeries sister Darlene, making him A.B.s
5 uncle. Defendant and Darlene had four young children of their own. Valerie and
6 Darlene were very close, and the two families often spent ... More...
   $0 (03-17-2018 - NM)

Quentin Scott v. City of Albuquerque

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to willfully interfere with the
educational process at a public school. N.M. STAT. ANN. 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (SRO) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...
   $0 (10-05-2017 - NM)

United States of America v. Jesse Denver Hanes

Federal Courthouse - Las Cruces, New Mexico

Las Cruces, NM - Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, Pleads Guilty to Federal Firearms and Carjacking Offenses

Hanes, who is being Prosecuted under Federal Worst of the Worst Anti-Violence Initiative, Agrees to Sentence of Life Imprisonment without the Possibility of Release

Jesse Denver Hanes, who allegedly shot and killed Hatch Police Officer Jose Cha... More...
   $0 (05-30-2017 - 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, �� ... More...
   $0 (05-26-2017 - NM)

STATE OF NEW MEXICO v. MICHAEL JAMES LUCERO

Sex Offender

Defendant was charged with first degree criminal sexual penetration of a child
11 under the age of thirteen (Counts 1 and 2), and second degree criminal sexual contact
12 of a child under the age of thirteen (Count 3). As an alternative to Count 3, Defendant
13 was charged with third degree criminal sexual contact of a child under the age of
thirteen. Defendant was arraigned on Feb... More...
   $0 (04-10-2017 - 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 dirtduring the 1960s. Shell did not
6 conduct any environmental risk assess... More...
   $0 (03-21-2016 - 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)

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 dirtduring the 1960s. Shell did not
6 conduct any environmental risk assessm... More...
   $0 (03-07-2016 - 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)

State v. Ferri

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was ... More...
   $0 (01-20-2016 - NM)

State Of New Mexico v. Ferri

Eugene Ferri (Defendant) was convicted of killing Gilles Delisle, Helga Delisle,
5 and Peter Weith, aggravated burglary with a deadly weapon, unlawful taking of a
6 motor vehicle, and two counts of tampering with evidence. Defendant was sentenced
7 to three terms of life imprisonment for the three convictions of first-degree murder;
8 nine years for aggravated burglary, which was e... More...
   $0 (01-05-2016 - 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)

State Of New Mexico v. King

Defendant and Justin Mark arrived at Kevin Lossiahs apartment the morning of May 29, 2011. Initially, Lossiahs neighbors saw Defendant and Mark outside Lossiahs apartment. Neighbor Wesley Gray talked to Defendant briefly before returning to his apartment. Moments later Gray and his wife Nicole Beyale heard banging coming from Lossiahs apartment and someone yelling Please stop! Shut up! Beya... More...    $0 (12-29-2015 - 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)

State Of New Mexico v. Nichols

Alycia Nichols, Jeremy Nichols wife, gave birth to Kaden and his twin 1
10 brother Bryce in September 2005. The twins were delivered by Caesarean section
11 after the doctor made several unsuccessful attempts to get Kaden into a position
12 where he could be delivered naturally. Kaden was stuck in the birth canal for a period
13 of time, resulting in bruising over the majority of ... More...
   $0 (11-23-2015 - NM)

State Of New Mexico v. Pagan-Rivera

At trial, the State presented the testimony of Martha Colwell, Ramon Lopez,
8 Antonio Lopez, and Dennie Stallworth, along with investigators and expert witnesses.
9 The witnesses described the following events.
10 {4} Martha Colwell is the mother of Ramon Lopez and Antonio Lopez who on
11 November 7 2010, were ten and seventeen years old. Dwayne King, a family friend
12 who was... 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)

State of New Mexico v. William Pagan-Rivera

Following a jury trial, the district court entered judgment against Defendant
4 William Pagan-Rivera and sentenced him for the crimes of first-degree felony murder,
5 two counts of negligently caused child abuse, shooting from a motor vehicle, shooting
6 at a dwelling or occupied building, and tampering with the evidence. Defendant asks
7 this Court to reverse his convictions on gr... More...
   $0 (10-27-2015 - NM)

Stephen Maresca v. Bernalillo County

Plaintiffs-Appellants Stephen Maresca, Heather Martin-Maresca, and their
three children were driving back from a family hike when they were arrested in a
felony stop carried out by Bernalillo County Sheriffs Deputies J. Fuentes, G.
Grundhoffer, and four other officers.1 Deputy Fuentes initiated the stop because she
mistakenly believed that the Marescas were driving a stolen vehi... More...
   $0 (10-22-2015 - NM)

A.F. v. Espanola Public Schools

The Individuals with Disabilities Education Act requires public school
districts that accept federal funding to furnish a free appropriate public
education to their disabled students. 20 U.S.C. 1412(a)(1). Sometimes, of
course, disputes arise over whether the school district is doing the job its agreed
to do. This is one of those cases. Christine B., the mother of a student kn... More...
   $0 (09-15-2015 - 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)

Gallegos v. Frezza

} After undergoing bariatric surgery, New Mexico residents Nellie Gonzales and
15 Fernando Gallegos (collectively, Plaintiffs) sued Dr. Eldo Frezza for medical
16 malpractice and Presbyterian Health Plan (Presbyterian) for breach of contract and
17 negligent referral. Both surgeries took place in Lubbock, Texas at the Texas Tech
18 University Health Sciences Center (the Center). ... More...
   $0 (08-25-2015 - 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)

Tori V. Arnell v. Dora Consolidated School District

Amber Shaw coached Plaintiff Tori Varnell in several sports while she was a student in the Dora Consolidated School District (Dora Schools). According to Plaintiff, Shaw sexually abused her for more than a year, ending while she was in the ninth grade, sometime in late 2006 or early 2007. On May 24, 2012, when Plaintiff was 20, she sued Ms. Shaw, Dora Schools, and Dora Schools Superintendent Steve... More...    $0 (07-01-2014 - 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)

Monique Villalobos v. Board of County Commissioners of Dona Ana County, New Mexico

{1} In this case, we hold that expert testimony is needed to establish the standard of care for monitoring inmates in prisons. Monique Villalobos (Plaintiff), an inmate at the Doña Ana County Detention Center (Detention Center), sued the Board of County Commissioners of Doña Ana County, the Detention Center, and Christopher Barela (collectively, County Defendants) for negligence after she was as... More...    $0 (02-11-2014 - 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)

Carolina Casualty v. Nanodetex Corporation

A few years ago the New Mexico Supreme Court recognized a new tort called “malicious abuse of process,” which subsumed the traditional causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina Casualty Insurance Company, whi... More...    $0 (08-19-2013 - 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)

Theresa James v. Martin J. Chavez

This case arises out of a standoff between James Murphy, Sr. and the Albuquerque Police Department (“APD”) that ended when a SWAT team officer shot and killed Mr. Murphy in Mr. Murphy’s home. Theresa James, as Mr. Murphy’s estate representative and custodial parent of her and Mr. Murphy’s daughter, brought a complaint in the United States District Court for the District of New Mexico reg... More...    $0 (02-19-2013 - NM)

Clarice J. Sanchez v. Tom Vilsack, United States Department of Agriculture

Clarice Sanchez, a long-time secretarial employee of the United States Forest Service (“Forest Service”), suffered irreversible brain damage after falling at work. As a result of her injury, Sanchez lost the left half of her field of vision. She requested a hardship transfer to Albuquerque, New Mexico, where she could better access ongoing medical treatment. After the Forest Service declined t... More...    $0 (09-20-2012 - NM)

Wendy Charles v. The Regents of New Mexico State University

{1} Defendant, New Mexico State University (NMSU), appeals from a jury verdict awarding Plaintiff Wendy Charles $124,653.93 on her claims of retaliation and constructive discharge. On appeal, we address Defendant’s arguments that (1) the statute of limitations provided in the New Mexico Human Rights Act (NMHRA), NMSA 1978, §§ 28-1-1 to -14 (1969, as amended through 2007), bars acts outside the... More...    $0 (11-04-2010 - NM)

Phillip Grassie v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center

{1} Walter Grassie died less than two hours after he was admitted to the emergency room at Eastern New Mexico Medical Center (Hospital) in Roswell, New Mexico. Mr. Grassie’s personal representative sued the Hospital asserting that (1) the emergency room medical staff was medically negligent; (2) the Hospital was negligent in allowing the treating physician to practice in its facility; and (3) th... More...    $0 (11-20-2010 - NM)

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