12 results for 'judge:"Wray"'.
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. 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. 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. 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. 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
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J. Wray finds the lower court properly ordered fees earned by the attorney to be paid by the estate because under New Mexico law, he was entitled to payment for reasonably necessary fees after being appointed guardian of the estate. There was no evidence the attorney's work was duplicative or excessive, but rather, the children's testimony showed the work was for the benefit of their mother and, therefore, the attorney was entitled to be paid out of the estate's assets. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 10, 2023, Case #: A-1-CA-40419, Categories: Guardianship, Attorney Fees
J. Wray finds the lower court erroneously dismissed all contract claims brought by the mineral rights buyer because the purchase agreement included a specific per acre price and a defined scope of the purchase interests, which established mutual assent and rendered it enforceable. Therefore, the contract claims will be reinstated and the case remanded for further proceedings. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 2, 2023, Case #: A-1-CA-40056, Categories: Property, Real Estate, Contract
J. Wray finds the two minutes granted to each citizen during committee meetings centered around the developer's applications for zoning permits did not violate their due process rights. New Mexico law does not impose an arbitrary number of minutes for public comment at such meetings. Additionally, while the citizens were not allowed to directly cross-examine the developer's witnesses, they were permitted to present rebuttal evidence throughout the five days of hearings, which also satisfied due process standards. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: September 11, 2023, Case #: A-1-CA-40279, Categories: Government, Zoning, Due Process
J. Wray finds a lower court ruled correctly in convicting defendant of driving under the influence. While defendant was right that breath test results were improperly admitted in evidence, the error was harmless as prosecutors had other strong evidence against defendant, including his “inability to safely operate a vehicle” at the time of his arrest. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: July 17, 2023, Case #: A-1-CA-39633, Categories: Evidence, Dui, Due Process
J. Wray finds a lower tax hearing officer ruled correctly in determining that a medical staffing company should in fact be allowed to deduct “gross receipts on behalf of its nurse employees” in a dispute with tax authorities regarding relevant state statutes which the state legislature has “repeatedly amended.” The facts of this case “establish that all of the conditions” necessary to qualify for the deduction “were met,” and the hearing officer did not abuse her discretion. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: June 20, 2023, Case #: A-1-CA-39784, Categories: Administrative Law, Government, Tax
J. Wray finds a lower court ruled correctly in convicting defendant of driving while intoxicated. Defendant argued that a breath test result had been improperly admitted as evidence, and while authorities indeed did not comply with “accuracy-insuring regulations” around defendant’s breath test, the court heard other evidence of defendant’s intoxication and “did not rely on the inadmissible blood alcohol test results,” and therefore the error was harmless. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: May 30, 2023, Case #: A-1-CA-39633, Categories: Evidence, Dui, Vehicle
J. Wray quashes a writ of error and sends back to lower court a contract dispute between a construction company and a public university. While this court had originally granted the writ of error, a more complete review of the record supports the construction company’s contention that the university sought this writ to “delay trial,” and the questions that first prompted the writ — including allegations that the contract was invalid because the construction company “violated or failed to comply” with business and licensing requirements — would be better resolved at trial. Reversed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: May 16, 2023, Case #: A-1-CA-40171, Categories: Civil Procedure, Government, Contract