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| Estate of Eric S. Haar v. Ulwelling, Docket No. 26,145,
COURT OF APPEALS OF NEW MEXICO, February 1, 2007, Filed
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Overview: Psychiatrist did not owe a duty to decedent to prevent his suicide, and therefore the psychiatrist was properly granted summary judgment in wrongful death action, because once-existing special relationship and ability to control's decedent's treatment disintegrated as a result of the decedent's failure to seek the psychiatrist's assistance.
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| State v. Smallwood, Docket No. 29,357,
SUPREME COURT OF NEW MEXICO, February 2, 2007, Filed
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Overview: Pursuant to N.M. Stat. Ann. § 39-3-3(A)(3) (1972), the Supreme Court of New Mexico had jurisdiction to hear an interlocutory appeal of the district court's denial of defendant's motion to strike the State's notice of intent to seek the death penalty. That court erred in denying the motion as the State had not properly moved to file a late notice.
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| State v. Ellis, Docket No. 26,263,
COURT OF APPEALS OF NEW MEXICO, February 7, 2007, Filed
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Overview: In reversing conviction of aggravated assault upon peace officer, a violation of N.M. Stat. Ann. § 30-22-22, court of appeals held trial court's failure to properly instruct jury with respect to self-defense was not harmless error; defendant's evidence in support of self-defense was somewhat tenuous but was sufficient to warrant the instruction.
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| Brooks v. State Farm Ins. Co., Docket No. 25,218,
COURT OF APPEALS OF NEW MEXICO, February 8, 2007, Filed
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Overview: A trial court properly granted the insureds summary judgment and ordered arbitration of a UIM claim where the statute of limitations began to run upon breach of the insurance contract and the undisputed facts surrounding the parties' negotiations indicated that the action was filed within six years of any failure to comply with the contract.
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| City of Roswell v. Hudson, Docket No. 26,085,
COURT OF APPEALS OF NEW MEXICO, February 8, 2007, Filed
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Overview: Officer did not have a reasonable suspicion justifying detaining defendant and demanding identification because general suspicion arising from fact that a car in which defendant was a passenger was parked for 30 minutes on a street late at night in a neighborhood where recent burglaries had occurred did not give rise to an individualized suspicion.
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| In re Oppenheim, Docket No. 29,655,
SUPREME COURT OF NEW MEXICO, February 9, 2007, Filed
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Overview: The Supreme Court of New Mexico accepted the State Board of Bar Examiners' recommendation that an application for admission to the New Mexico Bar be denied where the applicant had not carried his burden of demonstrating that he was a person of good moral character under N.M. R. Ann. 15-103(C).
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| Rael v. Blair, Docket No. 29,717,
SUPREME COURT OF NEW MEXICO, February 9, 2007, Filed
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Overview: Inmate was entitled to a new trial because an actual conflict of interest existed based on counsel's representation of both the inmate and a confidential informant who introduced the inmate to an undercover agent for a drug buy. Counsel could not effectively cross-examine the informant when he testified as a witness for the State.
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| State v. Downey, Docket No. 25,068,
COURT OF APPEALS OF NEW MEXICO, February 9, 2007, Filed
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Overview: District court did not abuse its discretion by admitting the testimony of the State's expert under N.M. R. Ann. 11-702 because defendant's criticism of the expert's performance of retrograde extrapolation went to the reliability of the expert's conclusions, which was a factual determination for the jury to make.
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| State v. Neatherlin, Docket No. 25,729,
COURT OF APPEALS OF NEW MEXICO, February 9, 2007, Filed
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Overview: A jury could reasonably determine that the human mouth was a deadly weapon under N.M. Stat. § 30-1-12 (B) (1963) if the mouth was used in a manner that could cause death or great bodily harm.
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