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| Montoya v. Ulibarri, Docket No. 29,218,
SUPREME COURT OF NEW MEXICO, June 20, 2007, Filed
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Overview: Although actual innocence was a cognizable ground for habeas corpus relief in New Mexico due to N.M. Const. art. II, § 13 and N.M. Const. art. II, § 18, an inmate did not show that no reasonable juror would have convicted him in light of new evidence since there were credibility issues relating to a brother's admission of culpability.
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| State v. Hughey, Docket No. 29,344,
SUPREME COURT OF NEW MEXICO, June 20, 2007, Filed
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Overview: Trial judge, in granting drunk driving defendant's N.M. R. Ann. 5-601 motion in limine to exclude the results of defendant's blood alcohol content test, made factual findings that should have been reserved for the jury and improperly engaged in weighing the credibility of witnesses.
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| State v. Neal, Docket No. 26,108,
COURT OF APPEALS OF NEW MEXICO, June 20, 2007, Filed
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Overview: Under N.M. Stat. Ann. § 31-20-5(B), district court had jurisdiction to revoke defendant's probation as it applied whether defendant had single or multiple sentences. Under N.M. Stat. Ann. § 31-21-15(C), defendant was entitled to credit against probation as State did not show warrant could not have been served. Other arguments were without merit.
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| State v. Lopez, Docket No. 29,803,
SUPREME COURT OF NEW MEXICO, June 21, 2007, Filed
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Overview: The reversal of defendant's convictions for negligently permitting child abuse resulting in death or great bodily harm, and not resulting in death or great bodily harm, contrary to N.M. Stat. Ann. § 30-6-1 were improper because her codefendants' statements were merely additional evidence tending to prove what had already been demonstrated.
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| Walker v. United States, Docket No. 29,544,
SUPREME COURT OF NEW MEXICO, June 21, 2007, Filed
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Overview: On certified questions from the United States Court of Federal Claims, the Supreme Court of New Mexico concluded that neither the laws of New Mexico nor customary practice supported a holding that a right to forage was within the scope of a water right or right-of-way for enjoyment of a water right.
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| Fleetwood Retail Corp. v. LeDoux, Docket No. 29,737,
SUPREME COURT OF NEW MEXICO, June 26, 2007, Filed
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Overview: Verdict in favor of independent contractor on her counterclaim for malicious abuse of process against home manufacturer was reversed where the contractor was not completely successful in her defense; the defendant had to win the entire case as a condition to proceeding with a malicious abuse of process counterclaim based on lack of probable cause.
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