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State Courts -
New Mexico - April 27 - May 18, 2006
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Lopez v. Las Cruces Police Dep't, Docket No. 24,883 and Docket No. 25,488,
COURT OF APPEALS OF NEW MEXICO, May 3, 2006, Filed
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Overview: District court erred in granting police department summary judgment for citizen's failure to name negligent employee where New Mexico Tort Claims Act, N.M. Stat. Ann. §§ 41-4-1 to -27, did not require naming of individual public employees as defendants; in second case, citizen was not required to produce evidence of identity of public employees.
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Cobb v. State Canvassing Bd. , Docket No. 29,095,
SUPREME COURT OF NEW MEXICO, May 16, 2006, Filed
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Overview: 2005 amendment to N.M. Stat. Ann. § 1-14-15(B) was unconstitutional delegation of legislative authority to state canvassing board therefore, 2001 version of statute was still effective and under that version, board had no authority to require a deposit of the full estimated costs of the election recount and recheck, $ 1.4 million, before starting.
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ACLU of N.M. v. City of Albuquerque, Docket No. 24,320 consolidated with Docket No. 24,805,
COURT OF APPEALS OF NEW MEXICO, May 18, 2006, Filed
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Overview: The Albuquerque Sex Offender Registration and Notification Act registration provision requiring registration for offenders with convictions of kidnaping or false imprisonment, without any sexual component, violated due process, N.M. Const. art. II, § 18, because the city's stated purpose was not furthered by including non-sexually motivated crimes.
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