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| Builders Contract Interiors, Inc. v. Hi Lo Indus., Inc., Docket No. 24,618,
COURT OF APPEALS OF NEW MEXICO, March 16, 2006, Filed
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Overview: District court did not have the equitable authority to alter the settlement agreement of the parties for the subcontractor's negligence where its basis for missing the payment deadline to the contractor was negligence, not mistake, and the settlement agreement was not ambiguous. Contractor did not engage in any unreasonable delay.
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| State v. Bricker, Docket No. 24,719,
COURT OF APPEALS OF NEW MEXICO, March 16, 2006, Filed
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Overview: Denial of motion to suppress was reversed because defendant's custodial arrest for driving with suspended license, which violated N.M. Stat. Ann. § 66-8-123 (1989), was unreasonable under N.M. Const. art. II, § 10. Although misdemeanor was jailable offense, officer had to decide whether violation required citation and release or custodial arrest.
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| State v. Robbs, Docket No. 25,636,
COURT OF APPEALS OF NEW MEXICO, March 20, 2006, Filed
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Overview: Based on a tip provided by a named informant, the officers had reasonable suspicion under the Fourth Amendment that defendant had or was engaged in criminal conduct because the tip accurately predicted the future movement of defendant and because other significant aspects of the tip were corroborated by the officers.
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| Gurule v. Dicaperl Minerals Corp., Docket No. 25,547,
COURT OF APPEALS OF NEW MEXICO, March 22, 2006, Filed
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Overview: In workers' compensation matter, when injured worker received partial total temporary disability (TTD) benefits, Workers' Compensation Judge properly granted employer's motion for summary judgment because language of N.M. Stat. Ann. § 52-1-42 authorized reduction of permanent partial disability for each week of TTD benefits paid.
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| In re Mikus, Docket No. 29,313,
SUPREME COURT OF NEW MEXICO, March 28, 2006, Filed
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Overview: In light of attorney's failure to supplement his bar application with regards to a criminal indictment, and in light of his criminal conviction shortly after his admission to the bar, supreme court agreed with the New Mexico Disciplinary Board's assessment that the disciplinary sanction of suspension under N.M. R. Ann. 17-206(A)(2) was warranted.
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| In re Treinen, Docket No. 29,424,
SUPREME COURT OF NEW MEXICO, March 28, 2006, Filed
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Overview: Attorney pleaded no contest to battery against a household member and was placed on supervised probation under conditional discharge under N.M. Stat. Ann. § 31-20-13(A) but Supreme Court of New Mexico held narrow, very limited exception alluded to in In re Key applied and attorney's suspension was deferred during his five-year period of probation.
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| Romero v. City of Santa Fe, Docket No. 25,573,
COURT OF APPEALS OF NEW MEXICO, March 28, 2006, Filed
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Overview: Workers' compensation benefits were properly denied because a worker did not suffer a psychologically traumatic event within meaning of N.M. Stat. Ann. § 52-1-24(B). Instead his mental illness unaccompanied by physical injury was caused by ongoing work-related stress from having to clean up pigeon detritus, which did not meet statute's requirement.
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| T-N-T Taxi Co. v. N.M. Pub. Regulation Comm'n (In re Socorro Taxi, Inc.), Docket No. 28,996,
SUPREME COURT OF NEW MEXICO, March 28, 2006, Filed
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Overview: Pursuant to N.M. Stat. Ann. § 65-2A-10(C)(3), the taxi companies operating over the routes involved in the corporation's application for a permit could protest an application for a permit to be heard on whether granting it would endanger or impair their operations contrary to public interest. Such companies had right to intervene in proceedings.
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| Smart v. Carpenter, Docket No. 25,667,
COURT OF APPEALS OF NEW MEXICO, March 30, 2006, Filed
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Overview: Subdivision lot owner's parking and storage on lot of vehicles used owner's business enterprise and use of garage on lot to repair vehicles were commercial activities and he therefore violated provisions of covenants to which subdivision was subject. Covenants prohibited operation of commercial or business activity within subdivision.
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| State v. Martinez, Docket No. 24,601,
COURT OF APPEALS OF NEW MEXICO, April 3, 2006, Filed
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Overview: The New Mexico Legislature did not intend for a viable fetus to be included within the statutory definition of a child for the purposes of the child abuse statute, N.M. Stat. Ann. § 30-6-1(D); the statute did not refer to defendant's conduct and to expand the statutory meaning would deny defendant reasonable notice that her actions were criminal.
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