New Mexico Supreme Court Decisions 2017

New Mexico v. Ferry  
Date: December 28, 2017
Docket Number: S-1-SC-36786

Justia Opinion Summary: The State filed a Motion for Pretrial Detention in this case involving a charge of first-degree murder, which was denied by the district court judge after an evidentiary hearing. The State appealed to the New Mexico…

New Mexico v. Ramirez  
Date: December 21, 2017
Docket Number: S-1-SC-35629

Justia Opinion Summary: A jury found Defendant Alejandro Ramirez guilty of shooting and killing Johnny Vialpando. Ramirez was convicted of several offenses, including first-degree murder, and the district court sentenced Ramirez to life…

Cahn v. Berryman  
Date: November 20, 2017
Docket Number: S-1-SC-35302

Justia Opinion Summary: Petitioner Sarah Cahn invoked the due process exception to the New Mexico Medical Malpractice Act (MMA), but did not file her late-accruing medical malpractice claim against Respondent John Berryman, M.D. within twelve…

State v. Warren
Date: November 9, 2017
Docket Number: 35,666
State v. Warren
Date: November 9, 2017
Docket Number: S-1-SC-35666
New Mexico v. Davis  
Date: November 9, 2017
Docket Number: S-1-SC-35976

Justia Opinion Summary: This case concerned the inventory search exception to the warrant requirement. Wesley Davis was arrested for operating a motorcycle without a license. Davis was carrying a backpack; during the stop, an Eddy County…

New Mexico v. Ochoa  
Date: October 23, 2017
Docket Number: S-1-SC-34630

Justia Opinion Summary: Defendant John Ochoa appealed his convictions relating to criminal sexual contact of a minor, and the Court of Appeals reversed on speedy trial grounds. Defendant was arrested in 2008. Prior to a mistrial in 2010, trial…

State v. Franklin
Date: October 19, 2017
Docket Number: S-1-SC-35577
New Mexico v. Baroz  
Date: October 5, 2017
Docket Number: S-1-SC-34839

Justia Opinion Summary: A jury convicted defendant Benjamin David Baroz III of felony murder based on the predicate felony of shooting at or from a motor vehicle, two counts of aggravated assault with a deadly weapon, and possession of drug…

State v. Romero
Date: October 5, 2017
Docket Number: S-1-SC-35780
New Mexico v. Vargas  
Date: October 5, 2017
Docket Number: S-1-SC-36197

Justia Opinion Summary: In the early morning April 23, 2011, the Bernalillo County Sheriff Department was conducting a DWI checkpoint in Albuquerque. Defendant Laressa Vargas was pulled over as part of the checkpoint. The Deputy at the…

Albuquerque Cab Co. v. N.M. Pub. Regulation Comm'n
Date: September 18, 2017
Docket Number: 36,169
Albuquerque Cab Company, Inc. v. New Mexico Public Regulation Comm'n  
Date: September 17, 2017
Docket Numbers: 36,169, 36,174

Justia Opinion Summary: The New Mexico Supreme Court consolidated two separate appeals of a final order of the New Mexico Public Regulation Commission (PRC) that granted a taxicab certificate to Q Cab, LLC for new taxicab service in…

New Mexico v. Castro  
Date: August 24, 2017
Docket Number: 36,062

Justia Opinion Summary: Defendant Jesus Castro was charged with two counts of criminal sexual penetration. Defendant had two trials: the first resulted in a mistrial, and after the second, a jury convicted him of one count of forced penile…

El Castillo Ret. Residences v. Martinez  
Date: August 17, 2017
Docket Number: 35,148

Justia Opinion Summary: Respondent El Castillo Retirement Residences was a self-sustaining retirement and continuing care community, funded entirely by admission and monthly fees paid by residents who have met El Castillo’s requirements for…

State v. Mendoza
Date: August 7, 2017
Docket Number: 35,837
New Mexico ex rel. League of Women Voters v. Advisory Comm. to the N.M. Compilation Comm'n  
Date: August 3, 2017
Docket Number: 35,524

Justia Opinion Summary: Petitioner League of Women Voters of New Mexico sought a writ of mandamus directing Respondent Advisory Committee to the New Mexico Compilation Commission, to effectuate the compilation of three constitutional amendments…

New Mexico v. Carrillo  
Date: June 30, 2017
Docket Number: 34,662

Justia Opinion Summary: Defendant Carlos Carrillo appealed his convictions for the murders of Christopher Kinney and Lyndsey Frost, tampering with evidence, and breaking and entering. Defendant argued: (1) the district court erred in allowing…

In re Estate of McElveny  
Date: June 30, 2017
Docket Number: 35,349

Justia Opinion Summary: Edward McElveny (McElveny) died intestate in 1991. In April 2013, McElveny’s grandson, Michael Phillips, filed an application with the Santa Fe County Probate Court (Probate Court) to be informally appointed personal…

State v. Deleon
Date: June 29, 2017
Docket Number: 34,808
New Mexico v. Rivas  
Date: June 19, 2017
Docket Number: 34,252

Justia Opinion Summary: The New Mexico Supreme Court addressed the circumstances under which detectives may question a juvenile defendant in the absence of and without notification of a court-appointed attorney or court-appointed guardian ad…

Thompson v. City of Albuquerque  
Date: June 19, 2017
Docket Number: 35,974

Justia Opinion Summary: The New Mexico Supreme Court concluded that the minor children of a parent whom they allege was wrongfully shot and killed by a law enforcement officer could: (1) sue for loss of consortium damages under the New Mexico…

Cordova v. Cline  
Date: May 22, 2017
Docket Number: 34,093

Justia Opinion Summary: Petitioners who pursue the recall of a local school board member under the Recall Act are entitled to the procedural protections of the New Mexico statute prohibiting strategic litigation against public participation…

New Mexico v. Phillips  
Date: May 15, 2017
Docket Number: 35,881

Justia Opinion Summary: This case addressed the procedure for determining whether a jury was deadlocked. In this case, the jury announced that it was hung on Count 1, which required it to consider whether Defendant Clive Phillips was guilty of…

In re Venie
Date: May 11, 2017
Docket Number: 36,175
New Mexico v. Le Mier  
Date: April 27, 2017
Docket Number: 34,830

Justia Opinion Summary: The New Mexico Supreme Court clarified the circumstances under which a court may permissibly exclude a witness as a discovery sanction. Defendant-appellant Ashley Le Mier unsuccessfully attempted to smuggle illegal…

New Mexico v. Merhege  
Date: March 30, 2017
Docket Number: 34,775

Justia Opinion Summary: Shortly before 4:00 am with a police officer in pursuit, Defendant Trevor Merhege ran through the front yard of a private residence that was enclosed by a three-foot-high wall. He became entangled on a chain link fence…

Stump v. DOA
Date: March 23, 2017
Docket Number: 35,912
Montano v. Frezza  
Date: March 13, 2017
Docket Number: 35,214

Justia Opinion Summary: Kimberly Montano, a New Mexico resident, sought bariatric surgery for her obesity in early 2004. At that time Eldo Frezza, M.D. was the only doctor from whom Montano could receive that surgery and still be covered by her…

New Mexico v. Linares  
Date: March 9, 2017
Docket Number: 35,407

Justia Opinion Summary: A court-appointed psychologist evaluated Defendant Desiree Linares and recommended that she be found incompetent to stand trial due to mental retardation. The State doubted the psychologist’s testing methodology and…

State v. Gonzales
Date: February 27, 2017
Docket Number: 35,926
In re Chavez, cons. with In re Gallegos
Date: February 6, 2017
Docket Number: 35,469
Crum v. Duran  
Date: February 6, 2017
Docket Number: 36,030

Justia Opinion Summary: Petitioner and Albuquerque resident David Crum was registered to vote in New Mexico as a qualified voter who declined to designate or state his political party affiliation (DTS). He sought to vote during the 2014 primary…

New Mexico v. Suazo  
Date: January 26, 2017
Docket Number: 35,508

Justia Opinion Summary: Defendant Marcos Suazo became agitated while roughhousing with his friend Matthew Vigil. Suazo retrieved his shotgun and pointed it at Vigil. Vigil grabbed the shotgun and placed the barrel in his mouth. Suazo pulled the…

Phoenix Funding, LLC v. Aurora Loan Servs., LLC  
Date: January 26, 2017
Docket Number: 35,512

Justia Opinion Summary: The issue this case presented for the New Mexico Supreme Court’s review was whether a 2009 default foreclosure judgment could be collaterally attacked based on assertions that the judgment was void for lack of…

New Mexico v. Begay  
Date: January 23, 2017
Docket Number: 35,751

Justia Opinion Summary: Trevor Begay pleaded no contest to a petty misdemeanor count of battery. The County Magistrate Court imposed a 182-day sentence, suspended 171 days, credited Begay with 11 days of pre-sentence confinement, and imposed…

Living Cross Ambulance v. PRC
Date: January 5, 2017
Docket Number: 35,590
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