6 results for 'judge:"Hanisee"'.
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. 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. Hanisee finds the lower court properly granted the dealership's motion to compel arbitration. While the vehicle sales contract barred any award of punitive damages against the dealership, it was not unconscionable or unenforceable, as it allowed the buyer to pursue treble damages specified in New Mexico's Unfair Practices Act. Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: October 10, 2023, Case #: A-1-CA-39940, Categories: Arbitration, Damages, Contract
J. Hanisee finds that the lower court properly suppressed DNA evidence collected by a sexual assault nurse examiner who died between the time of the examination and testing. Because defendant lacked the opportunity to cross-examine the nurse, precedent compels upholding the suppression of her statements made regarding the swabs.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: June 29, 2023, Case #: A-1-CA-39585, Categories: Evidence
J. Hanisee finds the state medical board did not err in revoking a doctor’s medical license. The doctor argued the board violated its own standards by not honoring his request to “exercise a peremptory excusal of a hearing officer,” but adopting the doctor’s interpretation of relevant statute — which could effectively require a regulator to recuse him or herself in the middle of the regulatory process if, as in this case, there were multiple patient complaints — could lead to “absurd results, which we seek to avoid.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: June 7, 2023, Case #: A-1-CA-39539, Categories: Health Care, Agency, Medical Malpractice
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J. Hanisee finds a lower court erred in determining the New Mexico Human Rights Act does not apply to public schools after a teacher and Albuquerque’s school board were sued by a Native American student who said she was left feeling unwelcome in school following remarks by the teacher about Native Americans. The teacher and school officials argued the student did not bring a valid claim on the grounds that New Mexico public schools are not a “public accommodation” under the Act, but the “plain language” of the Act does refer to schools and a reading of precedent and past laws, including the 1955 Public Accommodations Act, shows that lawmakers intended to include schools. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: May 23, 2023, Case #: A-1-CA-39732, Categories: Civil Rights, Education, Government