8 results for 'judge:"Medina"'.
J. Medina finds the lower court properly granted the employer's motion to dismiss a worker's discrimination action. The forum and selection clause within the worker's employment contract was valid, and she could have filed her claims in Arizona, the state named in the forum selection clause. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: February 29, 2024, Case #: A-1-CA-39928, Categories: Employment, Contract
J. Medina finds the district court lacked jurisdiction to hear the state's appeal of a magistrate's suppression of all prosecution witnesses during defendant's DUI case. The state filed the appeal before the magistrate court entered a decision on the merits of the motion. However, the district court was required to conduct an analysis of any possible speedy trial violations before it dismissed the charges refiled by the state, and so the case will be remanded. Reversed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: February 6, 2024, Case #: A-1-CA-40849, Categories: Criminal Procedure, Speedy Trial, Jurisdiction
J. Medina finds the lower court properly determined certain land was community property because, even though the wife claimed it was separate property at the time of the husband's death, she did not prove the claim prior to her death, which allowed the court decide the issue. However, because the wife requested certain personal property allowances while acting as administrator of the husband's estate prior to her death, these allowances should have been maintained after her death. Therefore, the case will be remanded to permit the allowances to be reinstated. Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: January 23, 2024, Case #: A-1-CA-40119, Categories: Family Law, Wills / Probate
J. Medina finds the trial court should have granted defendant's motion to suppress. Although defendant denied ownership of the black zippered bag found in the car he was driving at the time of his arrest on drug charges, his temporary control over his mother's vehicle grants him standing to challenge the police search of the bag during a towing inventory. Meanwhile, defendant's privacy interest in the contents of the closed bag outweighed the police officer's interest in taking inventory and preventing any stolen property claims after towing, which rendered the warrantless search unreasonable and unconstitutional. Reversed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: January 17, 2024, Case #: A-1-CA-40287, Categories: Constitution, Drug Offender, Search
J. Medina finds the trial court properly refused to dismiss under New Mexico's anti-SLAPP statute a jockey's fraud, malicious abuse of process and other claims against horse racing inspectors' who initiated an investigation that led to his suspension - a decision that was eventually overturned. The inspectors' failure to produce physical evidence of the electrical device allegedly thrown into a trashcan by the jockey and their destruction of the camera used to take photos of the device rendered their accusations baseless and insufficient to support an investigation, which allows for application of the sham exception to the anti-SLAPP statute. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Medina, Filed On: November 20, 2023, Case #: A-1-CA-40013, Categories: Anti-slapp, Licensing
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J. Medina finds that while the stepmother's custody cases involving her other children are pending before the lower court, the termination of the father's parental rights was a final, appealable order. All of the issues involving his children were fully adjudicated by the trial court and any remaining issues deal solely with children to whom he is unrelated. Meanwhile, the trial court properly terminated the father's parental rights because family services made efforts to assist with drug treatment services in California after he relocated there, but he refused to obtain stable housing or deal with his addiction to meth. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: September 14, 2023, Case #: A-1-CA-40576, Categories: Civil Procedure, Evidence, Family Law
J. Medina finds a lower court ruled correctly in determining defendant was “incompetent to proceed to trial but not dangerous under the New Mexico Mental Illness Code” following her arrest for allegedly assaulting a police officer. Prosecutors argued the lower court had improperly excluded evidence of prior criminal complaints from a “dangerousness hearing” and that such hearings should be excluded from some rules of evidence just like with pre-trial hearings, but this argument is “unpersuasive” because there is no specific exemption for these dangerousness hearings, unlike other types of hearings. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: July 19, 2023, Case #: A-1-CA-40466, Categories: Evidence, Assault, Due Process
J. Medina finds a lower court and arbitration panel erred in determining back pay owed to an employee in an employment dispute. While this case should be remanded to the arbitrator to resolve legal issues around exactly how much back pay that employee is owed, the district order was also wrong to grant a motion to compel back pay because it “did not have the power or authority to rule on the dispute,” which was “reserved for the arbitrator.” Reversed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: July 17, 2023, Case #: A-1-CA-40179, Categories: Arbitration, Employment, Jurisdiction