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| State v. Gerald B., Docket No. 24,538,
COURT OF APPEALS OF NEW MEXICO, January 5, 2006, Filed
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Overview: Court did not err by denying a motion to suppress where an officer was not required by N.M. Stat. Ann. § 32A-2-14 to warn a juvenile prior to asking him whether he had any needles because the officer was concerned for his safety, and the juvenile's volunteering that he had marijuana was in response to the officer's question regarding needles.
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| Battishill v. Farmers Alliance Ins. Co., Docket No. 28,812,
SUPREME COURT OF NEW MEXICO, January 9, 2006, Filed
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Overview: Court of appeals' finding that common and ordinary meaning of "vandalism and malicious mischief" did not include "arson" was reversed and supreme court held arson was a type of vandalism and malicious mischief, vacancy requirement was met and, consequently the exclusionary clause applied and precluded coverage for fire damage to vacant rental home.
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| Selmeczki v. N.M. Dep't of Corr., Docket No. 24,646,
COURT OF APPEALS OF NEW MEXICO, January 12, 2006, Filed
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Overview: Where correctional officer slapped coins at secretary and deputy secretary of corrections and cursed at them regarding lack of pay raises for officers, no progressive discipline was required and just cause existed for his termination under N.M. Admin. Code tit. 1, § 7.11.10 for engaging in intentional, hostile conduct approaching a physical fight.
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| State ex rel. Children, Youth & Families Dep't v. Donna J, Docket No. 25,872,
COURT OF APPEALS OF NEW MEXICO, January 12, 2006, Filed
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Overview: New Mexico court did not err in holding Texas court retained exclusive, continuing jurisdiction over child because of prior proceedings under Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), Tex. Family Code Ann. § 152.202; the Texas court had entered original custody order and mother "resided" in Texas due to her incarceration there.
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| State v. Worrick, Docket No. 24,557,
COURT OF APPEALS OF NEW MEXICO, January 12, 2006, Filed
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Overview: Designation of vehicular homicide as a serious violent offense under New Mexico Earned Meritorious Deductions Act, N.M. Stat. Ann. § 33-2-34(L)(4)(n), was upheld where defendant's breath alcohol level was three times minimum per se limit and he admitted to police that he was drunk; facts showed that he knew that he was too drunk to be on the road.
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| Brooks Trucking Co., Inc. v. Bull Rogers, Inc., Docket No. 24,684,
COURT OF APPEALS OF NEW MEXICO, January 13, 2006, Filed
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Overview: Court of appeals held res judicata did not apply as claims raised in second suit were based on operative facts not in existence at time earlier suit against contractor was filed and trial court erred in dismissing the company's suit as its new claims of fraud, conversion, and unjust enrichment were created by later-executed settlement documents.
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| Kosiba v. Pueblo of San Juan, Docket No. 24,725,
COURT OF APPEALS OF NEW MEXICO, January 13, 2006, Filed
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Overview: Because Tribe was federally recognized Indian Tribe, in absence of congressional abrogation or effective waiver of sovereign immunity, Tribe and Gaming Commission were immune from suit; thus, former director's complaint was properly dismissed.
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| State ex rel. Children, Youth & Families Dep't v. Joseph M., Docket No. 25,471,
COURT OF APPEALS OF NEW MEXICO, January 18, 2006, Filed
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Overview: The termination of the father's parental rights was improper pursuant to N.M. Stat. Ann. § 32A-4-29(I) where it was incumbent on the Children, Youth & Families Department to have a specific treatment plan or specifically alert the father to the consequences of his staying with the mother. It failed to do so.
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| Sparks v. Graves, Docket No. 26,181,
COURT OF APPEALS OF NEW MEXICO, January 25, 2006, Filed
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Overview: Appeal from probable cause determination that the county sheriff had committed acts of malfeasance or misfeasance while in office was dismissed because it was not the duty of the appellate court to protect the sheriff's political rights by addressing the district court's probable cause determination on appeal after the recall election had occurred.
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| Fort Knox Self Storage, Inc. v. W. Techs., Inc., Docket No. 25,173,
COURT OF APPEALS OF NEW MEXICO, January 26, 2006, Filed
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Overview: Trial court erred in refusing to enforce an indemnity clause in a contract between engineering firm and developer client on ground it violated N.M. Stat. Ann. § 56-7-1 because limitation of liability clause did not seek to contract away all liability for firm's negligence but sought to limit amount of damages it had to pay for its own negligence.
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