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)

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)

{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)

The facts are taken from the testimony at the suppression hearing held on June
18 11, 2015, unless otherwise noted. New Mexico State Police Sergeant James R.
19 Foreman responded to a call from dispatch on February 2, 2015 around 3:30 p.m.
2
1 concerning a man “slumped over the steering wheel” of his vehicle in the parking lot
2 of Dino’s Mini-Mart in Farmington, New Mexico. Th... More...    $0 (11-08-2017 - NM)

On April 23, 2011 at approximately 1:00 a.m., Bernalillo County Deputy
2 Sheriff Patrick Rael was part of a force conducting a DWI checkpoint on Coors
3 Boulevard in Albuquerque when he encountered Vargas. As Vargas approached the
4 checkpoint, she stopped fifteen to twenty yards before she reached where Deputy
5 Rael was standing, and Deputy Rael waved his flashlight to get her a... More...    $0 (11-03-2017 - NM)

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)

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)

Anthony Holt had partially removed a window screen from a residential
4 dwelling when he was detected by the homeowner and fled. In the process of
5 removing the screen, he placed his fingers behind the screen and inside the outer
6 boundary of the home. Holt was subsequently arrested and charged with breaking and
7 entering, in violation of NMSA 1978, Section 30-14-8 (1981). An “u... More...    $0 (02-26-2016 - NM)

On October 1, 2012, Edward Fisher was working as a desk clerk and night
10 monitor at the Motel 6 in Roswell. Mr. Fisher’s desk was behind a chest-high counter
11 that separated his office from a lobby open to motel guests and the public. Next to the
12 counter was a locked door that allowed Mr. Fisher and other motel employees to enter
13 and return from the lobby area. A mechani... More...    $0 (02-13-2016 - NM)

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)

Over a period of time during 2005 and 2006, the New Mexico State Police received several reports that residents were growing marijuana plants throughout rural areas of Taos County, New Mexico. The informants, however, were unable or unwilling to provide the police with specific locations where marijuana was growing due to the remoteness of the area and fear of retaliation. In investigating the re... More...    $0 (12-29-2015 - NM)

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)

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)

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...    $0 (12-02-2015 - NM)

This appeal grew out of a suit brought on behalf of an 11-year-old girl
(identified as “J.P”), who was a student in a class for children with special needs.
One day, a deputy sheriff (J.M. Sharkey), who was working as a school resource
officer, saw J.P. kick a teacher. Because the kick constituted a crime, Deputy
Sharkey arrested J.P., handcuffed her, and transported her to a juven... More...    $0 (11-27-2015 - NM)

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)

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)

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)

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 Sheriff’s 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)

Defendant Raul Cruz was convicted by a jury of knowingly and intentionally
possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. §§
841(a)(1), (b)(1)(B), and 18 U.S.C. § 2, and sentenced to a term of imprisonment of 63
months. Cruz’s conviction and sentence were affirmed on direct appeal. United States v.
Cruz, 680 F.3d 1261, 1262 (10th Cir. 2012) (Cr... More...    $0 (12-22-2014 - NM)

In an effort to reduce illegal gun trafficking “along and across the Southwest
border� of the United States, the Bureau of Alcohol, Tobacco, Firearms and Explosives
(“ATF�) issued a demand letter to certain federal firearms licensees (“FFLs�) in Arizona,
California, New Mexico, and Texas. The letter requires recipients to report to ATF sales
to the same customer within ... More...    $0 (07-28-2014 - NM)

Defendant Carl Romero was convicted by a jury of assaulting and killing Naayaitch Friday. He challenges the district court’s refusal to suppress evidence found after searches of the car he drove and his bedroom. We hold that the search warrant for the car was supported by probable cause and that investigating officers properly relied on his stepfather’s consent to search his bedroom. Exercisin... More...    $0 (04-15-2014 - NM)

A federal jury returned a verdict today finding Raymundo Silva, 35, guilty of a conspiracy charge and five bank fraud charges after a four-day trial. The jury acquitted Silva on two other bank fraud charges. The verdict was announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of HSI in El Paso, and Chief Roy E. Melnick of the Los Lunas Police Departme... More...    $0 (02-27-2014 - NM)

{1} Three of the remainder beneficiaries (Beneficiaries) of their father’s two testamentary
trusts appeal a judgment awarding them damages in an amount lower than they claimed that
the trust Beneficiaries were entitled to recover. The trustee, Bank of America (the Bank),
cross-appeals. The Bank’s cross-appeal challenges the court’s determination of liability. We
deny the Bank... More...    $0 (12-10-2013 - NM)

{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)

{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)

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)

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)

A few years ago the New Mexico Supreme Court recognized a new tort called “malicious abuse of process,â€� 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)

Eric Michael Madrid appeals his conviction on one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Mr. Madrid pled guilty to the charge but preserved his right to appeal the district court’s denial of his motion to suppress evidence. For the following reasons, we AFFIRM.

I.

At 7:53 p.m. on November 4, 2007, an operator with the Sandoval Coun... More...    $0 (04-18-2013 - NM)

This case arises out of a standoff between James Murphy, Sr. and the Albuquerque Police Department (“APDâ€�) 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)