New Mexico Independent Contractor Law
 

United States of America v. Brian N.

Albuquerque, New Mexico criminal defense lawyer represented the juvenile defendant charged with murder of a non-Indian and assault on an Indian.

On December 11, 1987, the government filed a motion to transfer proceedings from juvenile court to the federal district court. In January 1988 the district court held a telephonic hearing before a court reporter with counsel for the government a... More...
   $0 (04-02-1990 - NM)

United States of America v. Jeffrey Steven Clay

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with one count each of kidnapping and transportation for illegal sexual activity. .

Former El Paso Independent School District Employee Sentenced to 30 Years in Prison


More...    $0 (04-05-2024 - NM)

Dennis Murphy, et al. v. Altec Industries, Inc. et al.

Albuquerque, New Mexico personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.

This case was filed in the First Judicial District Court, D-101-CV-22-02361, and was removed to federal court by the Defendants.

Dennis Murphy as Personal Representative of the Wrongful Death Estate of Mark Porter, deceased
estate of Mark Porter, dece... More...
   $0 (10-10-2023 - NM)

United States of America v. Mewbourne Oil Company

Albuquerque, New Mexico environmental law lawyers represented Defendant accused of violating the Federal Clean Air Act and New Mexico law by allowing 11,000 tone of harmful pollutants to escape from oil and gas wells owned and operated by it in New Mexico and Texas.

Mewbourne Oil Company has agreed to pay a $5.5 million penalty and to spend at least $4.6 million for projects to ensure 422... More...
   $0 (08-09-2023 - NM)

United States of America v. Jeffrey Steven Clay

Albuquerque, New Mexico criminal defense lawyer represented Defendant charged with one count each of kidnapping and transportation for illegal sexual activity.

A federal grand jury indicted Clay on Nov. 9, 2022. At the time, Jeffrey Steven Clay, age 51, of Anthony, New Mexico, was employed as the Executive Director of Analytics, Strategy, and Assessment and Public Education Information Ma... More...
   $0 (05-09-2023 - NM)

De Anza Angel Dimas v. Pecos Independent School District Board of Education, et al.

Albuquerque, New Mexico civil rights lawyers represented Plaintiff who sued Defendants claiming that they violated her constitutional rights

Federal Courthouse - Albuquerque, New Mexico

Federal Courthouse - Albuquerque, New Mexico

More...    $0 (03-20-2023 - NM)

Ronald Howes v. New Mexico Department of Health, et al.

Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on an employment discrimination theory.




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Dr. Howes is a clinical psychologist... More...
   $0 (01-31-2023 - NM)

United States of America v. Milton Boutte

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with conspiracy to defraud the United States and conspiracy to commit wire fraud. Boutte will remain on conditions of release pending sentencing.

Milton Boutte, age 77, of Mariarty, New Mexico, and three other men were charged by indictment with exploiting the now defunct Big Crow Program Office at Kirtland Air ... More...
   $0 (06-29-2022 - NM)

State of New Mexico v. Jeremiah Jimmy Apodaca

Albuquerque, NM - Criminal defense attorney represented JEREMIAH JIMMY APODACA with a possession of a weapon or explosive device by a prisoner charge.



Pursuant to his conditional guilty plea to possession of a weapon or explosive
20 device by a prisoner, contrary to NMSA 1978, Section 30-22-16 (1986), Defendant
21 app... More...
   $0 (05-23-2021 - NM)

State of New Mexico v. Laverna Coker

Albuquerque, NM - Criminal defense attorney represented LAVERNA COKER with a possession of methamphetamine charge.



This matter was submitted to the Court on the brief in chief pursuant to the
19 Administrative Order for Appeals in Criminal Cases Involving the Law Offices of
20 the Public Defender, from the Eleventh Ju... More...
   $0 (05-23-2021 - NM)

State of New Mexico v. Christopher Heh

Albuquerque, NM - Criminal defense attorney represented CHRISTOPHER HEH with possession of a stolen motor vehicle and possession of burglary tools charges



The opinion filed January 6, 2021, is hereby withdrawn, and this opinion is
21 substituted in its place. A jury convicted Defendant Christopher Heh of possession
22 o... More...
   $0 (04-24-2021 - NM)

STATE OF NEW MEXICO v. MARK ANGELO CHAVEZ

Albuquerque, NM - Criminal defense lawyer represented defendant MARK ANGELO CHAVEZ charged with dfirst degree kidnapping.


Defendant continues to argue that the district court should have
2 suppressed Victim’s identification testimony because it was the product of an
3 improper show-up identification. [MIO 2] See generall... More...
   $0 (11-01-2020 - NM)

STATE OF NEW MEXICO v. MARIO Z. RAEL

Taos, NM - Criminal defense lawyer represented defendant Mario Rael charged with f aggravated battery against a household member (great bodily harm), assault (attempted battery) against a household member and false imprisonment .




14 {2} Because this is a memorandum opinion and the parties are familiar with the
15 facts and procedural history ... More...
   $0 (10-15-2020 - NM)

STATE OF NEW MEXICO v. CHRISTOPHER VALDIVIA

Las Cruces, NM - Criminal defense lawyer represented defendant Christopher Valdivia charged with possession of a controlled substance, tampering with evidence, battery upon a peace officer, and resisting, evading or obstructing an officer



Officer Veronica De La O of the Las Cruces Police Department testified at
6 the suppression hearing as follow... More...
   $0 (10-14-2020 - NM)

STATE OF NEW MEXICO v. JULIO RUBIO

Albuquerque, NM - Criminal defense lawyer represented defendant JULIO RUBIO charged with DWI.



Defendant continuesto challenge the denial of his motion to suppress. A ruling
4 on “[a] motion to suppress evidence is a mixed question of law and fact.” State v.
5 Garcia, 2005-NMSC-017, ¶ 27, 138 N.M. 1, 116 P.3d 72. We review findings of fact
6... More...
   $0 (10-14-2020 - NM)

United States of America v. Samuel Elliott




Samuel Elliott pled guilty to three counts of producing child pornography, in
violation of 18 U.S.C. § 2251(a), and four counts of possessing child pornography, in
violation of 18 U.S.C. § 2252A(a)(5)(B). Each of the four possession counts
concerns a different electr... More...
   $0 (09-09-2019 - NM)

United States of America v. Gaspar Leal




Gaspar Leal appeals from the district court’s denial of his motion to dismiss the
indictment. In his motion, he argued that the drug conspiracy charged in this case is the
same conspiracy for which he was convicted in a previous case and that continued
2
prosecut... More...
   $0 (04-22-2019 - NM)

United States of America v. Michael Dalton





In 2017, Michael Dalton was convicted by a jury of being a felon in possession
of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Dalton challenges his
conviction on several evidentiary grounds. We agree with only one of Dalton’s
arguments—that the distri... More...
   $0 (03-21-2019 - NM)

Darlene Collins v. Charles W. Daniels, et al.





This is a § 1983 case that challenges the constitutionality of New Mexico’s
system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of
New Mexico (“BBANM”), and five New Mexico state legislators (the “Legislator
Plaintiffs”) allege that ... More...
   $0 (02-26-2019 - NM)

STATE OF NEW MEXICO v. AUSTIN VERRET



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Defendant was charged with one count of aggravated DWI in magistrate 4

court. Prior to trial... More...
   $0 (10-26-2018 - NM)

STATE OF NEW MEXICO v. JAMES EDWARD BARELA






Following a physical altercation between Defendant and Ms. Rebecka Gray 11

(Victim), the mother of his son, the State indicted Defendant for one count of child 12

abuse, one count of false imprisonment,... More...
   $0 (10-02-2018 - NM)

STATE OF NEW MEXICO v. ERNEST BRYAN BARELA

Defendant was charged with residential burglary, unlawful taking of a motor 8 vehicle, stalking, larceny, and escape or attempt to escape from a peace officer on 9 June 21, 2012. Defendant’s charges stemmed from an event on May 22, 2012, 10 involving Defendant’s ex-girlfriend, E. Ramirez. Defendant and Ms. Ramirez had 11 been involved in a two-year relationship and had a child together in March 2... More...    $0 (08-09-2018 - NM)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al.

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

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)

STATE OF NEW MEXICO v. ANTHONY BLAS YEPEZ

Jeannie “Anna” Sandoval was raised by George Ortiz (Victim), her adoptive
14 mother’s boyfriend. In 2012, Sandoval and her boyfriend, Defendant, were living
15 with Victim. According to Sandoval’s testimony at trial, Victim was often angry and
16 would fight with her. The tension between Sandoval and Victim would escalate when
17 they were drinking alcohol, and although the anger w... More...
   $0 (07-27-2018 - NM)

Abraham Aleiandro Gonzalez-Alarcon v. Adrian P. Macias

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241
alleging specific facts which, if proven, would demonstrate that he is a United States
citizen. He seeks release from custody from Immigration and Customs Enforcement
(“ICE”) following ICE’s reinstatement of a prior order of removal on that basis.
Dismissing Gonzalez-Alarcon’s petition, the district court concl... More...
   $0 (03-20-2018 - NM)

Estate of Vera Cummings v. Community Health Systems, Inc.

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

Anderson Living Trust v. Energen Resources Corporation

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

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)

STATE OF NEW MEXICO v. GAVINO LUNA

COURT OF APPEALS OF THE STATE OF NEW MEXICO

Defendant’s convictions stem from events that occurred the afternoon of May
16 3, 2013, when Defendant was looking after J.C. (Child), a nine-year-old boy, and
17 Child’s twelve-year-old sister because Child’s mother was hospitalized. Defendant
18 lived with Child’s grandmother. According to Child, Defendant showed Child “ugly”
19 movies that showed photographs of women “showing th... More...
   $0 (01-09-2018 - NM)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM “MACK” VAUGHAN v. ST. VINCENT HOSPITAL, INC

COURT OF APPEALS OF THE STATE OF NEW MEXICO

William “Mack” Vaughan presented at the emergency department of Defendant
11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002
12 with complaints of abdominal pain. He was seen in the emergency department by Dr.
13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency
14 Medical Services, and who ordered a CT scan. The scan was... More...
   $0 (01-09-2018 - NM)

STATE OF NEW MEXICO v. JENNIFER MARTINEZ

New Mexico Supreme Court

Bloomfield Police Sergeant George Rascon pulled over Defendant Jennifer
8 Martinez for failing to stop at a stop sign and, as a result, the police obtained evidence
9 that led to Defendant’s arrest and conviction for driving while intoxicated. In a
10 motion to suppress evidence, Defendant argued that the video from the officer’s on
11 board camera, or “dash-cam,” demonstrated tha... More...
   $0 (01-07-2018 - NM)

Yasmin Montano v. Megan J. Brennan

District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Yasmin Montano brought this action against the Postmaster General under
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e—2000e-17 (Title VII),
alleging that her supervisors at the United States Postal Service (USPS) had illegally
discriminated against her based on her gender and had retaliated against her for
complaining about the discrimination. The district court gra... More...
   $0 (12-21-2017 - NM)

State of New Mexico v. Wesley Davis

{1} This case concerns the inventory search exception to the warrant requirement.
4 The Court of Appeals concluded that the inventory search that occurred in this case
5 was invalid because Defendant Wesley Davis did not possess the backpack searched
6 at the time of arrest as the backpack was not “on his person or in his physical
7 possession . . . .” State v. Davis, 2016-NMCA-073... More...
   $0 (11-09-2017 - NM)

STATE OF NEW MEXICO v. JOHN ERIC OCHOA

SUPREME COURT OF THE STATE OF NEW MEXICO

3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United
4 States Constitution and Article II, Section 14 of the New Mexico Constitution.
5 Defendant was arrested on May 12, 2008, and charged with a number of offenses
6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010,
7 trial was delayed for a number of reasons includ... More...
   $0 (11-03-2017 - NM)

STATE OF NEW MEXICO v. BENJAMIN DAVID BAROZ III

On August 30, 2011, in Alamogordo, New Mexico, Defendant’s father drove
10 his truck past Vangie Cordova’s house, where she lived with her grandsons, Matthew
11 Cordova and Daniel Cordova, with Defendant in the passenger seat. The truck passed
12 the house at least once, went around the block, and came back again, very slowly,
13 with the windows partially rolled down. Matthew Cor... More...
   $0 (11-03-2017 - NM)

State of New Mexico v. Jesus M. Castro

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)

STATE OF NEW MEXICO v. DESIREE LINARES

Murder suspect incompetent

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Linares and Alexis Shields resided together as the foster children of Evelyn
15 Miranda. In June 2011, Linares and ... More...
   $0 (03-09-2017 - 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)

United States of America v. Joseph Dubois

Albuquerque, NM - Albuquerque-Area Construction Contractor Pleads Guilty to Federal Tax Evasion and Fraud Charges

Joseph Dubois, 37, of Albuquerque, N.M., pled guilty to evading federal taxes evasion and fraudulently presenting a fictitious surety bond.

Dubois, the owner and operator of Regency Development Group (RDG), a construction contractor located in Albuquerque, was charg... More...
   $410520 (02-14-2017 - NM)

State of New Mexico v. William Kalinowski

Santa Fe, NM - Jury Convicts Real Estate Developer of Fraud and Embezzlement

The State of New Mexico charged Santa Fe real estate developer with fraud and embezzlement including eight second-degree felonies and one misdemeanor relating to the operation of his luxury home development and construction business Barranca Building and other businesses and development, including Las Campanas.More...
   $0 (12-02-2016 - 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)

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