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| Campos v. Homes by Joe Boyden, L.L.C., Docket No. 25,228,
COURT OF APPEALS OF NEW MEXICO, May 22, 2006, Filed
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Overview: Court did not err in finding arbitration provision in lot purchase and home construction agreement was intended to apply to resolution of home construction-related problems and not to representations made to prospective home purchasers that undeveloped area bordering on their lots and homes was not going to be developed and would remain open space.
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| State v. Nyce, Docket No. 28,950,
SUPREME COURT OF NEW MEXICO, May 22, 2006, Filed
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Overview: Defendant's purchasing four bottles of tincture of iodine at one store and one bottle of hydrogen peroxide at another store failed to provide probable cause for a search warrant for the residence where defendant delivered the items, and therefore defendant's motion to suppress evidence found at residence should have been granted.
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| State v. Lopez, Docket No. 25,516 Consolidated with Docket No. 25,517,
COURT OF APPEALS OF NEW MEXICO, May 23, 2006, Filed
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Overview: Appellate court reversed a trial court's order that revoked defendant's probation and imposed a sentence in a case where the sentence had expired because defendant had already served it as the court no longer had jurisdiction over the matter.
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| State v. Lucero, Docket No. 24,891,
COURT OF APPEALS OF NEW MEXICO, May 25, 2006, Filed
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Overview: An old age enhancement imposed under N.M. Stat. Ann. § 31-18-16.1 in a robbery case was reversed because it was repealed and replaced by the New Mexico Hate Crimes Act, N.M. Stat. Ann. §§ 31-18B-1 to -5 prior to defendant's trial; no enhancement was appropriate under the Hate Crimes Act where a finding regarding motivation was not made.
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| Montoya v. Pearson, Docket No. 25,455,
COURT OF APPEALS OF NEW MEXICO, May 30, 2006, Filed
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Overview: Because New Mexico cases on negligently caused emotional distress militated against allowing damages, where motorcycle operator did not contend that intimate family relationship existed between himself and victim, trial court properly dismissed claim for emotional distress damages. Under N.M. R. Ann. 1-068, costs should have been awarded to driver.
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| State v. Huber, Docket No. 24,722,
COURT OF APPEALS OF NEW MEXICO, May 31, 2006, Filed
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Overview: Defendant's conviction for second-degree murder was appropriate because the jury was presented with evidence that defendant orchestrated the beating of the victim, that he used both his fists and the baseball bat to hit the victim, that the victim's condition worsened shortly thereafter, and that the victim subsequently died.
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| Manning v. Mining & Minerals Div., Docket No. 28,500,
SUPREME COURT OF NEW MEXICO, June 1, 2006, Filed
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Overview: Mining property owners were entitled to just compensation under Fifth Amendment as regulatory taking was as devastating as taking by eminent domain, State failed to provide just compensation, and Fifth Amendment was self-executing. Contracts Clause claim, U.S. Const. art. I, § 10, was barred as it did not provide for claims for money damages.
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| State v. Ayala, Docket No. 25,574,
COURT OF APPEALS OF NEW MEXICO, June 1, 2006, Filed
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Overview: The fact that a district court found mitigating factors in a case where defendant pled guilty to seven counts of child abuse did not mean that it could not also determine that the crimes were serious violent offenses under N.M. Stat. Ann. § 31-18-15(F) for purposes of the New Mexico Earned Meritorious Deduction Act, N.M. Stat. Ann. § 33-2-34.
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| State v. Day, NO. 25,290,
COURT OF APPEALS OF NEW MEXICO, June 1, 2006, Filed
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Overview: Evidence was insufficient to sustain defendant's DWI conviction under N.M. Stat. Ann. § 66-8-102 as the jury could not have rationally inferred that defendant had a .08 alcohol content at the time of driving based on a breath test reading taken over an hour later, absent scientific evidence of the alcohol absorption and elimination processes.
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