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| State v. Ford, Docket No. 24,934,
COURT OF APPEALS OF NEW MEXICO, March 8, 2007, Filed
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Overview: Convictions for battery upon a peace officer and resisting arrest violated double jeopardy, Fifth Amendment, because the incident occurred close in time, defendant's act of resisting and kicking the officer both occurred after defendant was told he was under arrest, and both could be considered acts having only to do with his arrest.
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| Pub. Serv. Co. v. N.M. Taxation & Revenue Dep't, Docket No. 26,349,
COURT OF APPEALS OF NEW MEXICO, March 9, 2007, Filed
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Overview: The New Mexico Taxation and Revenue Department properly denied a public utility a refund of the compensating tax levied upon the utility's purchase of turbines and related equipment for use in a generating plant as the utility's resale of the equipment was not in the ordinary course of its business for purposes of N.M. Stat. Ann. § 7-9-7.
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| State v. Lopez, Docket No. 29,846,
SUPREME COURT OF NEW MEXICO, March 9, 2007, Filed
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Overview: A district court had the authority to revoke defendant's probation under N.M. Stat. Ann. § 31-21-15 in one case where he was serving consecutive sentences because they were continuous sentences under N.M. Stat. Ann. § 33-2-39; the district court was allowed to revoke, even though defendant had not yet commenced serving the second sentence.
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| DiMarco v. Presbyterian Healthcare Servs., Docket No. 26,528,
COURT OF APPEALS OF NEW MEXICO, March 15, 2007, Filed
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Overview: Employee's action alleging that his former employer violated his rights when it provided information about his work history to a third party was dismissed because employee failed to carry his burden of showing that the employer abused the conditional privilege it had under the common law and N.M. Stat. Ann. § 50-12-1 by providing false information.
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| State v. Romero, Docket No. 29,690,
SUPREME COURT OF NEW MEXICO, March 15, 2007, Filed
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Overview: Trial court's admission of the victim's statements to a sexual assault nurse examiner that specifically accused defendant of sexual assault and other charges violated defendant's rights under the Confrontation Clause because the examination occurred several weeks after the assault and with an officer's assistance and encouragement.
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| Moya v. City of Albuquerque, Docket No. 26,382,
COURT OF APPEALS OF NEW MEXICO, March 16, 2007, Filed
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Overview: A workers' compensation judge (WCJ) erred in awarding an offset for wages a worker received from a subsequent employer as N.M. Stat. Ann. § 52-1-47.1(A) (1990) only provided an offset for wages and employer-financed benefits that the at-injury employer provided. The WCJ's findings as to the worker's physical capacity were affirmed.
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| State v. Kerby, Docket No. 29,336 consolidated with: Docket No. 29,533,
SUPREME COURT OF NEW MEXICO, March 16, 2007, Filed
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Overview: Defendant's convictions of three counts of criminal sexual contact of a minor in violation of N.M. Stat. Ann. § 30-9-13(A)(1) were vacated because offenses occurred before June 19, 1987, and therefore the five-year statute of limitations of N.M. Stat. Ann. § 30-1-8(B) had expired before defendant was charged in 2002.
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| Johnson v. Hoyt & Son Tree Serv., Docket No. 26,661,
COURT OF APPEALS OF NEW MEXICO, March 19, 2007, Filed
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Overview: The Uninsured Employer's Fund did not have the authority to select or change a worker's health care provider under N.M. Stat. Ann. § 52-1-49 because the statute's plain meaning demonstrated that such authority was given only to an employer or a worker and not to another interested party.
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| Valdez v. Yates Petroleum Corp., Docket No. 25,305,
COURT OF APPEALS OF NEW MEXICO, March 22, 2007, Filed
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Overview: Summary judgment was properly granted in favor of contractor on the personal representative's suit for compensatory and punitive damages; the work of the subcontractor's driver driving an eighteen-wheeled water truck was not inherently dangerous and the contractor was not liable for its selection of the subcontractor as an independent contractor.
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| Boradiansky v. State Farm Mut. Auto. Ins. Co., Docket No. 30,031,
SUPREME COURT OF NEW MEXICO, March 26, 2007, Filed
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Overview: Exclusion of all government-owned vehicles from definition of uninsured motor vehicle was unenforceable as it violated public policy in New Mexico's Uninsured Motorist Act, N.M. Stat. Ann. § 66-5-301; insured was entitled to recover damages, notwithstanding limitations imposed by Tort Claims Act, N.M. Stat. Ann. § 41-4-19 on recovery against State.
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