New Mexico Supreme Court Decisions 2014

State v. Charlie
Date: December 18, 2014
Docket Numbers: 34,487, 34,488
In re Mahdjid B. and Aliah B.  
Date: December 15, 2014
Docket Number: 34,583

Justia Opinion Summary: Respondent-guardian Djamila B. was appointed by a family court as kinship guardian to children Mahdjid and Aliah. Children, Youth & Families Department (CYFD) brought abuse and neglect proceedings against the guardian…

New Mexico ex rel. Cisneros v. Martinez  
Date: December 4, 2014
Docket Number: 34,646

Justia Opinion Summary: In the 2014 legislative session, the New Mexico Legislature passed the General Appropriations Act of 2014, which included a pair of salary increases for judges and justices of the state judiciary. The first increase was…

Benavides v. Eastern N.M. Med. Ctr.  
Date: November 6, 2014
Docket Number: 34,128

Justia Opinion Summary: The issue this case presented for the Supreme Court's review stemmed from a worker's compensation claim. Specifically, the issue the Court had to determine was whether a “wet floor” sign was a safety device and whether a…

New Mexico v. Brown  
Date: November 6, 2014
Docket Number: 34,531

Justia Opinion Summary: Defendant Walter Brown was arrested in 2011, and indicted two weeks later on an array of charges, including first-degree felony murder and, alternatively, second-degree murder. The district court imposed a $250,000 cash…

New Mexico v. Antonio T.  
Date: October 23, 2014
Docket Numbers: 33,997, 33,999

Justia Opinion Summary: Antonio T., a seventeen-year-old high school student, was taken to the principal's office because he was suspected of being under the influence of alcohol. The assistant principal questioned Antonio about his possession…

Vaughan v. St. Vincent Hospital  
Date: September 18, 2014
Docket Number: 33,770

Justia Opinion Summary: In August 2002, plaintiff William Vaughan went to the emergency room at St. Vincent Hospital complaining of symptoms that included abdominal pain. In this medical negligence case, Vaughan alleged that, as the result of a…

In the Matter of Grace H.
Date: September 18, 2014
Docket Number: 34,126
First Baptist Church of Roswell v. Yates Petroleum Corp.  
Date: September 15, 2014
Docket Number: 33,632

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether payees who are entitled to interest on suspended oil and gas royalty payments could contract away their statutorily mandated interest…

Las Cruces v. Pub. Reg. Comm.
Date: September 11, 2014
Docket Number: 34,339
Living Cross Ambulance Serv. v. N.M. Pub. Regulation Comm'n  
Date: September 8, 2014
Docket Number: 34,366

Justia Opinion Summary: There is no hospital in Valencia County. People in Valencia County who are faced with a medical emergency must deal with the emergency itself, and find a way to travel twenty to thirty-five miles to an Albuquerque…

Starko, Inc. v. New Mexico Human Servs. Dep't  
Date: August 25, 2014
Docket Number: 33,382

Justia Opinion Summary: In consolidated appeals, the issue this case presented to the New Mexico Supreme Court was whether pharmacists who dispense prescription drugs to Medicaid recipients must be paid under the formula set forth in NMSA 1978,…

New Mexico v. Consaul  
Date: August 21, 2014
Docket Number: 33,483

Justia Opinion Summary: A jury returned a guilty verdict against defendant for intentional and negligent child abuse causing great bodily harm to an infant, which the Court of Appeals affirmed in a memorandum opinion. Upon review of the case,…

New Mexico v. Montoya  
Date: August 21, 2014
Docket Number: 33,592

Justia Opinion Summary: A jury convicted Defendant Vincent Montoya of kidnapping with the intent to inflict a sexual offense upon his girlfriend (Victim). Defendant was also convicted of two other crimes not relevant to this appeal. The issue…

New Mexico v. Gutierrez  
Date: August 7, 2014
Docket Number: 33,296

Justia Opinion Summary: A Curry County grand jury indicted Defendant Julian Gutierrez on three counts of criminal sexual contact of a minor based on the testimony of Defendant’s daughter that he touched or pinched her breasts on several…

State v. Soloman
Date: August 4, 2014
Docket Number: 33,975
CAVU Co. v. Martinez  
Date: August 4, 2014
Docket Number: 34,039

Justia Opinion Summary: Petitioner-taxpayer CAVU Company was the owner of a twenty-six-acre school campus in Santa Fe that was developed and improved beginning in 1997 solely for operation as a school. Since opening its doors over fifteen years…

New Mexico v. Parvilus  
Date: July 31, 2014
Docket Number: 33,970

Justia Opinion Summary: A jury found Defendant Gerard Parvilus guilty of the 2008 aggravated burglary of his estranged wife’s separate dwelling, murder of her boyfriend, first-degree kidnapping of his wife and her boyfriend, aggravated assault…

New Mexico v. Crane  
Date: June 30, 2014
Docket Number: 33,014

Justia Opinion Summary: Defendant was charged with trafficking controlled substances and possession of drug paraphernalia based on evidence obtained by the police, who found evidence of methamphetamine manufacturing in the dumpster of the…

Zhao v. Montoya  
Date: June 30, 2014
Docket Number: 33,589

Justia Opinion Summary: In consolidated cases, homeowners Pinghua Zhao, and Gregg and Janet Fallick appealed the valuation of their residences for property tax purposes as a result of what they alleged was "tax lightning," also known as…

State v. Garcia
Date: June 26, 2014
Docket Number: 33,756
New Mexico ex rel. King v. B&B Investment Group, Inc.  
Date: June 26, 2014
Docket Number: 34,266

Justia Opinion Summary: In January 2006, two former payday lenders, defendants B&B Investment Group, Inc., and American Cash Loans, LLC, began to market and originate high-cost signature of $50 to $300, primarily to less-educated and…

Kimbrell v. Kimbrell  
Date: June 23, 2014
Docket Number: 34,150

Justia Opinion Summary: Petitioner Kathrin Kinzer-Ellington was appointed guardian ad litem pursuant to Rule 1-053.3 NMRA to help determine the best interests of minor children whose parents were involved in a custody dispute. As the case grew…

Ramirez v. New Mexico  
Date: June 19, 2014
Docket Number: 33,604

Justia Opinion Summary: In 1997, Martin Ramirez was arrested and charged with possession of up to one ounce of marijuana and two other misdemeanors. He appeared in metropolitan court for a custody arraignment two days later and pleaded guilty…

State v. Evans
Date: June 16, 2014
Docket Number: 33,324
Whelan v. State Farm Mutual Auto Ins. Co.  
Date: June 16, 2014
Docket Number: 34,280

Justia Opinion Summary: Plaintiff Thomas P. Whelan, Jr.'s decedent father, Thomas P. Whelan, Sr., was in Plaintiff's parked truck when it was hit by a moving vehicle. The collision allegedly resulted in severe injuries and medical costs in…

State of New Mexico ex rel. Brandenburg v. Sanchez  
Date: June 16, 2014
Docket Number: 34,453

Justia Opinion Summary: In 2004, Defendant Anthony Samora pled guilty to the charge of criminal sexual penetration (CSP) in the second degree for raping a fourteen year-old boy. He served a sentence of three years' incarceration. Nearly ten…

In the Matter of Grace H.  
Date: June 12, 2014
Docket Number: 34,126

Justia Opinion Summary: The district court concluded that "Grace H.'s" father's parental rights should be terminated pursuant to a finding of abandonment without establishing that the conditions of neglect, by abandonment, could be not be…

Herrera v. Sanchez  
Date: June 12, 2014
Docket Number: 34,355

Justia Opinion Summary: After her indictment for second-degree murder, but prior to trial, Petitioner Amy Herrera sought a writ of mandamus from this Court directing the district court to dismiss the indictment. Petitioner contended that the…

New Mexico v. Leticia T.  
Date: June 9, 2014
Docket Number: 33,566

Justia Opinion Summary: Police officers were dispatched in response to reports of an armed subject pointing a rifle at several people from the window of a light beige or tan vehicle. After Defendant Leticia T. (Child) and children passengers…

New Mexico v. Ortega  
Date: June 9, 2014
Docket Number: 33,864

Justia Opinion Summary: Defendant Nieves Ortega was convicted of one count of wilful and deliberate murder. He was also convicted of conspiracy to commit first-degree murder, attempted first-degree kidnapping, armed robbery, conspiracy to…

New Mexico v. Crocco  
Date: June 5, 2014
Docket Number: 33,938

Justia Opinion Summary: Defendant Gregg Crocco appealed his conviction for aggravated driving while under the influence of alcohol (aggravated DWI), claiming that his previous attorney provided ineffective assistance of counsel by failing to…

Fowler v. Vista Care  
Date: June 5, 2014
Docket Number: 33,993

Justia Opinion Summary: While working for Vista Care (Employer), appellant Sherrie Fowler suffered a back injury. Appellant began receiving TTD and subsequently underwent back surgery. Several years later, a physician determined that appellant…

Amethyst Land Co., Inc. v. Terhune  
Date: May 12, 2014
Docket Number: 34,083

Justia Opinion Summary: This appeal stemmed from a dispute between two adjoining landowners over an easement. In 2003, Respondent Amethyst Land Company acquired a quitclaim deed to an undeveloped twenty-two acre parcel (the 22-acre parcel) in…

Rodriguez v. Del Sol  
Date: May 8, 2014
Docket Number: 33,896

Justia Opinion Summary: In consolidated cases, a truck crashed through the front glass of the Concentra Medical Clinic in the Del Sol Shopping Center, killing three people and seriously injuring several others. Both groups of Plaintiffs sued…

United States of America v. Reese  
Date: May 1, 2014
Docket Number: 33,950

Justia Opinion Summary: The U.S. Court of Appeals for the Tenth Circuit certified a question of New Mexico Law to the New Mexico Supreme Court: "[i]f an otherwise-qualified person has completed a deferred sentence for a felony offense, is that…

State v. Paiz
Date: April 24, 2014
Docket Number: 34,008
New Mexico v. Olsson  
Date: April 21, 2014
Docket Number: 33,226

Justia Opinion Summary: James Olsson was charged with sixty counts of possession of child pornography based on photographs of minors found in three binders seized from Olsson and images found on his computer. Olsson filed a motion for merger of…

New Mexico v. Stevens  
Date: April 7, 2014
Docket Number: 32,860

Justia Opinion Summary: The issue before the Supreme Court in this case centered on defendant Lisa Stevens' convictions for second-degree criminal sexual penetration during the commission of a felony, child abuse, and contributing to the…

New Mexico v. Vasquez  
Date: April 4, 2014
Docket Number: 33,796

Justia Opinion Summary: The question before the Supreme Court in these appeals was: what happens when the prosecutor files an interlocutory appeal yet neglects to make a timely certification to the district court or fails to attach a copy of…

Silver City v. Ferranti
Date: March 20, 2014
Docket Number: 34,078
Bank of Am. v. Quintana
Date: February 27, 2014
Docket Number: 33,611
Montoya v. Driggers  
Date: February 27, 2014
Docket Number: 33,789

Justia Opinion Summary: Petitioner Freddie Montoya passed a vehicle in which a single female was driving, and positioned his truck across the roadway to block her path. He and his passenger got out of the truck, forcibly entered the victim’s…

Bernalillo Co. Health Care Corp. v. N.M. Public Regulation Comm.  
Date: February 20, 2014
Docket Number: 33,025

Justia Opinion Summary: On appeal to the Supreme Court was a final order of the New Mexico Public Regulation Commission authorizing Running Bear, d/b/a Rocky Mountain EMS, to provide permanent motor transport authority for non-emergency…

Bank of New York v. Romero  
Date: February 13, 2014
Docket Number: 33,224

Justia Opinion Summary: In 2006, Joseph and Mary Romero signed a mortgage contract with the Mortgage Electronic Registration Systems (MERS) as nominee for Equity One, Inc. They pledged their home as collateral for the loan. The Romeros alleged…

Gordon v. State
Date: February 13, 2014
Docket Number: 33,817
Rayellen Resources, Inc. v. Lyons  
Date: February 6, 2014
Docket Number: 33,497

Justia Opinion Summary: The New Mexico Cultural Properties Review Committee recognized approximately 400,000 acres of public land on Mount Taylor as a registered cultural property under the New Mexico Cultural Properties Act. One month after…

State v. Vega
Date: January 9, 2014
Docket Number: 33,363
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