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| State v. Adame, Docket No. 25,238,
COURT OF APPEALS OF NEW MEXICO, June 14, 2006, Filed
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Overview: Defendant's conviction for possession of a firearm by a felon was proper where his admission about a second gun in his home was voluntary and not coerced or otherwise improperly motivated by the officers' behavior earlier at his home. Much transpired between the time of a show of authority and his admission that he had two guns in his home.
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| State v. Romero, Docket No. 28,410 Consolidated with Docket No. 28,688,
SUPREME COURT OF NEW MEXICO, June 14, 2006, Filed
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Overview: Indictments were dismissed because the State of New Mexico did not have jurisdiction to prosecute for crimes that allegedly occurred on privately-owned land within the exterior boundaries of pueblos, pursuant to 18 U.S.C.S. § 1151(b).
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| Phelps Dodge Tyrone, Inc. v. N.M. Water Quality Control Comm'n, NO. 25,027,
COURT OF APPEALS OF NEW MEXICO, June 15, 2006, Filed
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Overview: New Mexico Environment Department had authority, pursuant to N.M. Stat. Ann. § 74-6-5(D) of the Water Quality Act, to impose reasonable conditions on the copper mine's groundwater discharge closure permit, but Water Quality Control Commission's determination that the conditions were reasonable was based on improper interpretation of § 74-6-5(E)(3).
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| State v. Gutierrez, Docket No. 26,314,
COURT OF APPEALS OF NEW MEXICO, June 15, 2006, Filed
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Overview: A $300,000 cash-only bond in a murder case was upheld because it was permitted under N.M. R. Ann. 5-401(B), and it was not prohibited by the "sufficient sureties" language in N.M. Const. art. 11, § 13. The term "sufficient" gave discretion to the entity that was setting bail as to what type was appropriate in a particular case.
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| State v. Quintana, NO. 25,107,
COURT OF APPEALS OF NEW MEXICO, June 15, 2006, Filed
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Overview: Court erred in granting defendant's motion to dismiss a criminal complaint for lack of jurisdiction on ground that traffic accident occurred in Indian country where accident did not occur on Indian land. The proximity to Indian land or importance of land to community of Indians was not sufficient of itself to establish requisite federal set-aside.
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| Dona Ana Mut. Domestic Water Consumers Ass'n v. N.M. Pub. Regulation Comm'n, Docket No. 29,242,
SUPREME COURT OF NEW MEXICO, June 20, 2006, Filed
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Overview: In a utility's suit seeking to prevent a water consumers association from constructing a water distribution project, the public regulation commission properly found that the project unreasonably interfered with the utility's service and employed a reasonable standard to determine the scope of the utility's protection under N.M. Stat. Ann. § 62-9-1.
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| Hartford Ins. Co. v. Cline, Docket No. 29,506,
SUPREME COURT OF NEW MEXICO, June 20, 2006, Filed
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Overview: If domestic partners were to enjoy automatic protections in insurance coverage equal to those enjoyed by married couples, it was up to the legislature to make that policy, not the courts. Excluding domestic partners from the definition of family member in an automobile insurance policy was not invalid as contrary to public policy in New Mexico.
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| Robertson v. Rocky Mt. Metals, Inc., Docket No. 25,998,
COURT OF APPEALS OF NEW MEXICO, June 20, 2006, Filed
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Overview: A finding that the worker was not an employee of the corporation for workers' compensation purposes was appropriate because there was no alter ego theory of liability. The two companies at issue were separate entities with separate bank accounts and the corporation did not hire or pay the worker.
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| Sisneros v. Citadel Broad. Co., Docket No. 24,917,
COURT OF APPEALS OF NEW MEXICO, June 21, 2006, Filed
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Overview: Employee raised sufficient factual disputes as to whether employer had materially misrepresented employment contract's content, thereby inducing employee to sign the contract, and if so, whether employee's reliance on misrepresentation was justified, consequently, summary judgment in favor of employer and order to compel arbitration were erroneous.
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| State v. Schackow, Docket No. 24,137,
COURT OF APPEALS OF NEW MEXICO, June 21, 2006, Filed
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Overview: Defendant's convictions for attempted criminal sexual penetration in the third degree and assault with intent to commit criminal sexual penetration under N.M. Stat. Ann. §§ 30-28-1, 30-3-3 violated double jeopardy protection as his conduct in committing the acts which led to the convictions was unitary.
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