82 results for 'court:"New Mexico Court of Appeals"'.
J. Bogardus finds the tax hearing officer erroneously determined a portion of the out-of-state business's gross receipts tax was exempt. Although the underlying work was performed in Texas, it included payroll services completed for the benefit of employees in New Mexico and should have been taxed. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 30, 2024, Case #: A-1-CA-40686, Categories: Civil Procedure, Tax
J. Yohalem finds the trial court properly denied defendant's motion to dismiss an entire jury panel during voir dire. Although statements about a criminal defendant's guilt made by a potential juror showed bias, they did not pertain to any specific facts about defendant, while the trial court also questioned the remaining jurors about whether the comments would impact their ability to remain impartial. Meanwhile, defendant's convictions for battery by strangulation and false imprisonment did not violate his double jeopardy rights. The victim was choked and restrained initially, before defendant took her phone for a 10-minute period and refused to allow her to leave the room; therefore, there was separate evidence to support each conviction. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: April 29, 2024, Case #: A-1-CA-40425, Categories: Jury, Double Jeopardy, Battery
J. Bogardus finds the lower court erroneously denied the New Mexico Racing Commission's motion for summary judgment on the grounds of quasi-judicial immunity. It is a governmental body that acted in a prosecutorial manner during disciplinary proceedings with the horse trainer. Although the trainer claims the proceedings were initiated maliciously in response to statements made against commissioners, nothing in the proceedings was outside the scope of authority granted to the commission. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 16, 2024, Case #: A-1-CA-41120, Categories: Licensing, Immunity
J. Bustamante finds the trial court properly ruled in favor of the limousine business owner on claims for breach of contract brought by the attorney who loaned the business money in its startup phase. Although the parties signed separate agreements regarding the loan and profit-sharing for the attorney, the documents were signed at the same time as part of the same venture and, therefore, constituted a single contract. Additionally, the attorney's assertion he would release the owner from the profit-sharing obligations if he paid the loan off in full was a binding agreement that terminated the contract when the loan was paid off; therefore, the business owner has no further obligation under the arrangement. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: March 25, 2024, Case #: A-1-CA-40031, Categories: Evidence, Contract
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J. Wray finds the lower court erroneously determined the parents of the deceased priest are statutory beneficiaries under the New Mexico Wrongful Death Act. The language in the law creates no beneficiaries rights for parents of adult children; therefore, the case will be remanded to allow for reappointment of the estate's personal representative. Reversed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: March 11, 2024, Case #: A-1-CA-40187, Categories: Family Law, Wills / Probate, Wrongful Death
J. Ives finds the lower court properly granted the motion for summary judgment filed by the governing body of the acequia water system. Its application of two statutory schemes for water distribution - one for irrigation and one for retrieval from a ditch - is compatible with New Mexico law and affords proper water rights to the landowners. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: March 5, 2024, Case #: A-1-CA-40325, Categories: Property, Water
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. Yohalem finds the trial court improperly refused to hear and summarily denied defendant's motion to dismiss drug charges on speedy trial grounds. Although the motion was filed on the eve of trial, the court had not imposed a scheduling order on the parties and filings regarding the constitutional rights of a criminal defendant must be heard absent intentional misconduct; therefore, the case will be remanded to allow the trial court to consider the merits of the motion. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: February 27, 2024, Case #: A-1-CA-40312, Categories: Criminal Procedure, Speedy Trial
J. Hanisee finds the trial court improperly denied defendant's motion to excuse a juror for cause because the juror, a firefighter who spoke at length about his inability to remain impartial in cases that involved intoxicated drivers, exhibited bias against defendant that deprived her of the right to an impartial jury. Although the juror was ultimately not selected to serve at defendant's trial, the court's refusal to grant defendant's motion to remove for cause after the juror explicitly said, "I don't know if I'll be fair" prejudiced defendant and requires a new trial. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: February 14, 2024, Case #: A-1-CA-39908, Categories: Jury, Battery
J. Wray finds the lower court erroneously granted the insurers' motion for summary judgment because the construction company's failure to provide notice of a potential claim is outweighed by the insurers' duty to defend under the parties' insurance policies. Therefore, the issues of fact surrounding the insurers' potential breach of their duty to defend must be resolved on remand before any analysis on the issue of notice. Reversed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: February 12, 2024, Case #: A-1-CA-39929, Categories: Construction, Insurance, 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. Wray finds the lower court properly dismissed the father's complaint against the probation officers because their alleged failure to respond to his concerns about drug use by a parolee in the home where his son lived involved actions taken as an arm of the court and integral to the judicial process, which entitled the officers to quasi-judicial immunity. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: January 30, 2024, Case #: A-1-CA-40083, Categories: Government, Immunity
J. Bustamante finds the failure to hold a pre-decision hearing by the Albuquerque city clerk did not violate the due process rights of the mayoral candidate who applied for public campaign financing. The denial of such financing is not a "death knell" to a campaign that warrants such constitutional protections, while the candidate was also fully aware of complaints against him before he submitted his application. The candidate was also able to present testimony and evidence to support his application at an appeal hearing that took place less than a week after the initial decision; therefore, no due process violation occurred. Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 23, 2024, Case #: A-1-CA-39971, Categories: Constitution, Elections, Due Process
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. Bogardus finds the lower court erroneously granted the school's motion for summary judgment and determined it was entitled to immunity on negligence claims brought by the parents of the child who reinjured a surgically repaired hip on the playground. Deposition testimony of officials indicated the school's safety policies were not properly implemented when the child was allowed to go outside for recess despite doctor's restrictions on any physical activity. The homeroom teacher and other faculty did not receive the medical note from the school nurse, which would allow a reasonable jury to conclude the school created an unsafe condition on property operated by the state and prevent application of immunity. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: January 22, 2024, Case #: A-1-CA-39871, Categories: Education, Tort, Immunity
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. Bustamante finds the retired judge's pension was properly calculated by the benefits board when it refused to apply updated benefit calculations to his service time between 2005 and 2014. It was the intent of the legislature to limit the possibility of judges and justices being double-compensated, while the legislation that added a two-pronged calculation method was also used to increase pension funding for all participants. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 16, 2024, Case #: A-1-CA-40561, Categories: Judiciary, Pensions
J. Hanisee finds the lower court properly found for the state tax department and denied the used car dealership's request for refunds of various excise taxes on vehicles that were returned by the buyers. Although New Mexico's gross receipts tax includes an exemption for returns, the excise tax on used vehicles is an entirely separate statute and does not include a return exemption; therefore, the initial sales of the vehicles were final and binding. Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: January 10, 2024, Case #: A-1-CA-39739, Categories: Tax, Vehicle, Contract
J. Ives finds the city was not entitled to a supplemental jury instruction on causation in a case regarding a landowner's impaired access to its property following the city's partial taking of its property. The instructions used by the trial court were identical to the uniform causation instructions recommended by the New Mexico Supreme Court and there is no evidence the outcome of the case would have differed if the additional instruction had been given. Furthermore, the damages awarded by the jury for the property owner's impaired access were lawful under the relevant statute and were properly proven by the owner. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: December 28, 2023, Case #: A-1-CA-39674, Categories: Jury, Property, Damages
J. Attrep finds the workers' compensation judge properly denied the employee's request for long-term disability benefits. Her termination for misconduct rendered her ineligible for such benefits even though her injury was legitimate. Although "misconduct" is defined in unemployment benefits cases as being willful, the court will not adopt the same definition in the workers' compensation context under guidance from the New Mexico Supreme Court that requires employers and employees be given equal consideration in such cases. Therefore, the employee's termination more than a year prior to her benefits application precluded the award of any benefits. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: December 22, 2023, Case #: A-1-CA-39609, Categories: Employment, Workers' Compensation
[Consolidated.] J. Yohalem finds the lower court erroneously affirmed the removal of the Native American child from his guardians because the government failed to provide sufficient evidence of its efforts to prevent the unnecessary removal of the child as required under the Indian Child Welfare Act. The only evidence from the state agency came from a single witness who testified the agency made numerous phone calls to the guardians over a 9-month period, while the agency also failed to conduct in-home studies of the child's grandparents and birth parents to determine if they were suitable placements. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: December 20, 2023, Case #: A-1-CA-40390, Categories: Evidence, Family Law, Native Americans
J. Duffy finds the trial court erroneously denied defendant's motion for reconsideration of his sentence on the grounds it lacked jurisdiction over the filing. The 90-day deadline for the reconsideration motion began to run on the date the sentencing judgment was entered, not the date it was orally imposed by the court. Additionally, defendant's failure to include evidence not available at the time of his original sentencing was not fatal to the motion because state law imposes no such requirement, and while it may affect the validity of defendant's motion, it did not preclude the court from considering the merits of his claims. Reversed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: December 20, 2023, Case #: A-1-CA-37868, Categories: Criminal Procedure, Sentencing, Jurisdiction
J. Wray finds that because New Mexico law prioritizes an insurer's duty to defend over potential contract defenses, including an insured's failure to provide proper notice, the lower court erroneously granted the insurance companies' motion for summary judgment on claims filed by the subdivision developer. Although the developer waited several years after the first claims of structural defects to file its claim with the insurers, factual disputes regarding whether the insurers have a duty to defend precluded the court from granting summary judgment on the issue of notice. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: December 19, 2023, Case #: A-1-CA-39929, Categories: Construction, Insurance, Contract
J. Bustamante finds the environmental impact board improperly granted the natural gas plant's application for an air quality permit. It used the appropriate significant impact level test measurements to determine the environmental impact of ozone pollution by the plant and relied on properly authenticated expert testimony, including hypothetical modeling that showed emissions would reach only 5 percent of the impact level threshold. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: December 4, 2023, Case #: A-1-CA-39522, Categories: Environment, Evidence, Experts
J. Wray finds that defendant's double jeopardy rights were violated when he was convicted of both aggravated assault and false imprisonment. The state used the same evidence to convict him of both crimes, which were based on a single course of conduct that involved holding the victims at gunpoint to wait for another individual to return to the home. Therefore, three of defendant's convictions must be vacated and the case must be remanded for resentencing. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: December 4, 2023, Case #: A-1-CA-40597, Categories: Sentencing, Assault, Double Jeopardy
J. Yohalem finds the workers' compensation judge properly denied the injured employee's request for benefits under two sections of the Workers' Compensation Act. An injury to the upper part of an ankle provides for workers' compensation benefits under only the "one foot at the ankle" subsection, not the "leg between the knee and ankle" subsection. The plain language of the statute intends for "at the ankle" to include the entire joint, regardless of whether portions of the upper ankle are connected to the lower leg; therefore, the worker is entitled to only 115 weeks of benefits. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: November 30, 2023, Case #: A-1-CA-40077, Categories: Employment, Workers' Compensation