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| Griego v. Patriot Erectors, Inc., Docket No. 26,378,
COURT OF APPEALS OF NEW MEXICO, February 27, 2007, Filed
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Overview: Workers' compensation benefits should have been awarded to a worker after he suffered a jaw injury due to a supervisor punching him in the face because this constituted an accidental injury covered under the New Mexico Workers' Compensation Act, N.M. Stat. Ann. §§ 52-1-1 to 52-1-70, even though the supervisor acted intentionally.
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| State v. Pacheco, Docket No. 29,557,
SUPREME COURT OF NEW MEXICO, February 27, 2007, Filed
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Overview: Appellate court erred by reversing defendant's convictions based on interpreter's presence in jury deliberation room because the trial court administered the initial oath under N.M. Stat. § 38-10-8 and N.M. R. Ann. 13-212 to the interpreter, no presumption of prejudice arose, and defendant failed to demonstrate that interpreter acted improperly.
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| State v. Jade G., Docket No. 29,016 and Docket No. 29,017,
SUPREME COURT OF NEW MEXICO, February 28, 2007, Filed
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Overview: A child's statements were properly suppressed in a delinquency proceeding as N.M. Stat. Ann. § 32A-2-14(F) (2003) provided complete protection to children under 13. However, N.M. Stat. Ann. § 32A-2-14(I) (2003) did not apply to exclude the child's fingerprints as a formal petition alleging delinquency had not been filed at the time they were taken.
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| State v. Moreland, Docket No. 25,831,
COURT OF APPEALS OF NEW MEXICO, February 28, 2007, Filed
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Overview: District court had jurisdiction to grant defendant's motion for a new trial under N.M. R. Ann. 5-614 because within 30 days of filing the motion the district court enlarged the time for it to rule on the motion as allowed by N.M. R. Ann. 5-104(B)(1).
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| State v. Katrina G., Docket No. 25,781,
COURT OF APPEALS OF NEW MEXICO, March 5, 2007, Filed
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Overview: A petition to revoke appellant juvenile's probation was actually a petition to revoke a consent decree under N.M. Stat. Ann. § 32A-2-22(D), which followed the same procedures for revoking probation under N.M. Stat. Ann. § 32A-2-24. Thus, the revocation hearing was timely under N.M. R. Ann. 10-226(B) as appellant was not in detention.
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| N.M. Banquest Investors Corp. v. Peters Corp., Docket No. 25,276,
COURT OF APPEALS OF NEW MEXICO, March 6, 2007, Filed
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Overview: In dispute over fair market value of investors' corporation's shares, trial court's assessment was proper because, under N.M. Stat. Ann. § 53-15-4, findings supported the decision not to add a control premium to the fair value of the group's shares under the circumstances. Moreover, compound interest was properly awarded.
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| State ex rel. Children Youth & Families Dep't v. Kathleen D.C. (In re Damion M.C.), Docket No. 29,134,
SUPREME COURT OF NEW MEXICO, March 6, 2007, Filed
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Overview: In a child abuse and neglect proceeding, when there was an increased risk of an erroneous deprivation of the parent's interest without the appointment of an expert, an indigent parent was entitled to the appointment of an expert witness at the State's expense.
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| State v. Lovato, Docket No. 24,469,
COURT OF APPEALS OF NEW MEXICO, March 6, 2007, Filed
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Overview: Because defendant had a reasonable expectation of finality in a felony sentence that had been served, a trial court lacked jurisdiction to order an eight-year enhancement under N.M. Stat. Ann. § 31-18-17(C) due to double jeopardy concerns under U.S. Const. amend. V and N.M. Const. art. II, § 15.
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| State ex rel. Children, Youth and Families Dep't v. William M., Docket No. 26,258,
COURT OF APPEALS OF NEW MEXICO, March 7, 2007, Filed
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Overview: In a parental rights termination case under N.M. Stat. Ann. § 32A-4-28, a father's right to due process was not denied for failure of the State to provide him with written materials in Spanish because he was represented by an attorney who spoke Spanish, counsel translated parts of the documents for him, and the father had a certified interpreter.
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| State v. Trujillo, Docket No. 25,898,
COURT OF APPEALS OF NEW MEXICO, March 7, 2007, Filed
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Overview: District court erred by holding that the State could confine defendant, who had been found mentally retarded, under N.M. Stat. Ann. § 31-9-1.5, because that statute applied only to incompetent and dangerous persons, not to persons who had mental retardation.
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