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| Los Alamos Nat'l Bank v. Martinez Surveying Servs., LLC, Docket No. 25,425,
COURT OF APPEALS OF NEW MEXICO, June 5, 2006, Filed
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Overview: Neither the evidence nor the findings of the district court supported a legal conclusion that the bank engaged in a conspiracy to interfere with the debtors' prospective contractual relations and that it was entitled to be awarded its costs and attorney's fees.
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| Murken v. Deutsche Morgan Grenfell, Inc., Docket No. 24,277,
COURT OF APPEALS OF NEW MEXICO, June 5, 2006, Filed
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Overview: Corporate officer's objection to compulsion of arbitration between him and creditor was without merit as he conceded that the challenged document was authentic, N.M. R. Ann. 11-901(A), because he made statements that conceded its authenticity. Officer admitted signing agreement acknowledging first page and stating that disputes would be arbitrated.
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| Estate of Romero v. City of Santa Fe Police Dep't, Docket No. 28,816,
SUPREME COURT OF NEW MEXICO, June 8, 2006, Filed
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Overview: Although there was no express or implied law enforcement privilege, portions of criminal investigation files might still be immune from discovery and whether documents were discoverable required trial court to balance competing interests between legitimate discovery requests and law enforcement's need to protect an on-going criminal investigation.
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| Payne v. Hall, Docket No. 28,823,
SUPREME COURT OF NEW MEXICO, June 8, 2006, Filed
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Overview: Although trial court did not err when it refused to decide as matter of law that clinic caused any original injury separate from injuries later suffered at hospital, jury was not properly instructed on theory of case and successive tortfeasor liability did not apply as patient never proved separate and distinct injury caused by clinic's negligence.
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| State v. Padilla, Docket No. 25,380,
COURT OF APPEALS OF NEW MEXICO, June 8, 2006, Filed
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Overview: Court erred in its jury instructions because, under N.M. Stat. Ann. § 30-22-1.1, a reasonable reading of the phrase "in accordance with" required an evaluation of how police conducted the pursuit, and compliance with the New Mexico Law Enforcement Safe Pursuit Act was an essential element for the fact finder.
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| State v. Granville, Docket No. 25,005,
COURT OF APPEALS OF NEW MEXICO, June 9, 2006, Filed
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Overview: Defendant's motion to suppress was properly granted where a search of his garbage bags taken from trash containers without a warrant violated N.M. Const. art. II, § 10, evidence obtained from garbage could not be used to corroborate informants' information, and affidavit for search warrant did not establish probable cause.
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| Upton v. Clovis Mun. Sch. Dist., Docket No. 29,226,
SUPREME COURT OF NEW MEXICO, June 12, 2006, Filed
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Overview: Summary judgment was improperly granted in favor of school district where parents stated claim that school acted negligently, causing death of their child, which, if proven, constituted negligence in the operation or maintenance of a building within the waiver of tort immunity, N.M. Stat. Ann. § 41-4-6; parents were entitled to prove claim to jury.
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| Davis v. Farmers Ins. Co., Docket No. 25,312,
COURT OF APPEALS OF NEW MEXICO, June 13, 2006, Filed
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Overview: The insured's policy was unambiguous in not providing coverage for the diminished market value of his truck following a collision where his truck was adequately repaired. Thus, the insurer did not breach its duty of good faith and fair dealing by not explaining that possibility or when it chose the least expensive options under the policy.
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| Grygorwicz v. Trujillo, Docket No. 25,317,
COURT OF APPEALS OF NEW MEXICO, June 13, 2006, Filed
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Overview: A personal injury action was timely under N.M. Stat. Ann. § 37-1-30 because it applied to an action filed after its enactment, even though N.M. Stat. Ann. §§ 37-1-8, 37-1-10 applied when an alleged act of sexual abuse occurred in 1991.
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| State v. Cook, Docket No. 24,957,
COURT OF APPEALS OF NEW MEXICO, June 13, 2006, Filed
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Overview: Two convictions for tampering with evidence under N.M. Stat. Ann. § 30-22-5 violated defendant's right to be free from double jeopardy because he was punished twice for the same offense where the act of attempting to conceal scientific evidence after a rape constituted only one continuous act.
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