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| Baldonado v. El Paso Natural Gas Co., NO. 24,821,
COURT OF APPEALS OF NEW MEXICO, June 29, 2006, Filed
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Overview: Dismissal under N.M. R. Ann. 1-012(B)(6) of firemen's and emergency medics' intentional infliction of emotional distress claims against a natural gas company when they witnessed horrific, fatal injuries to victims of a pipeline explosion was reversed as the fireman's rule no longer applied in New Mexico.
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| Cruz v. FTS Constr., Inc., Docket No. 25,708,
COURT OF APPEALS OF NEW MEXICO, June 29, 2006, Filed
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Overview: Home buyer's second action brought against home sellers when the buyer added new problems and defendants she claimed she was unaware of before filing the first action (which was pending on appeal) was properly dismissed as all of the elements of priority jurisdiction were satisfied.
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| In re Qwest Corp. v. N.M. Public Regulation Comm'n, Docket No. 29,228,
SUPREME COURT OF NEW MEXICO, June 29, 2006, Filed
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Overview: The New Mexico Public Regulation Commission had the authority to enter into an alternative form of regulation plan with a telecommunications carrier under N.M. Stat. Ann. § 63-9A-8.2, and it was implicitly authorized to order a customer refund or credit as an incentive under N.M. Stat. Ann. § 8-8-4.
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| Mimbres Valley Irrigation Co. v. Salopek, Docket No. 25,570,
COURT OF APPEALS OF NEW MEXICO, June 29, 2006, Filed
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Overview: Court of Appeals did not have jurisdiction over mandamus action brought by community ditch association as there was no final, appealable order; petition and answer raised issues of fact that had not been decided, nor had determination been made whether water master had clear duty to perform an act and whether he was performing that ministerial act.
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| State v. Romero, Docket No. 25,155,
COURT OF APPEALS OF NEW MEXICO, June 29, 2006, Filed
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Overview: In defendants' interlocutory challenge to trial court's denial of motion to dismiss indictment, common-law was applicable because defendants failed to show prosecutorial bad faith in presenting hearsay and in not presenting exculpatory evidence to grand jury. There was no authorization for judicial review under N.M. Stat. Ann. § 31-6-11(B).
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| State v. Torres, Docket No. 25,487,
COURT OF APPEALS OF NEW MEXICO, June 29, 2006, Filed
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Overview: Escalation of defendant's second armed robbery offense to a first-degree felony pursuant to N.M. Stat. Ann. § 30-16-2 was affirmed as the legislature intended that repeat armed robbers would be subject to greater punishment than that provided for in N.M. Stat. Ann. § 31-18-17 for other habitual offenders.
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| State v. Williams, Docket No. 25,958,
COURT OF APPEALS OF NEW MEXICO, June 29, 2006, Filed
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Overview: Trial court did not have authority to require defendant to give a sheriff information required under the Sex Offender Registration and Notification Act (SORNA) as a condition of probation because he had not been convicted of any of the sex offenses listed in N.M. Rev. Stat. § 29-11A-3(E) of the SORNA and thus was not a sex offender under the SORNA.
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| Garcia-Montoya v. Pub. Emples. Ret. Bd., Docket No. 25,203,
COURT OF APPEALS OF NEW MEXICO, June 30, 2006, Filed
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Overview: Court properly directed retirement board to calculate state employee's pension benefits using three percent multiplier of plan 3 because under N.M. Stat. Ann. § 10-11-8(F), employee was entitled to have her pension calculated under plan 3, which had greater pension factor; employee had three or more years of service credit under each of two plans.
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| Smyers v. City of Albuquerque, Docket No. 25,774,
COURT OF APPEALS OF NEW MEXICO, June 30, 2006, Filed
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Overview: Court did not err in upholding city personnel board affirming city employee's termination inter alia, for masturbating in his office as Albuquerque, N.M., Ordinance § 2-6-1-4(B)(5) required only a quorum of board had to be present at a meeting in order to act and a quorum was present at both meetings and board's action was taken by a majority vote.
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| Pickett Ranch, LLC v. Curry, Docket No. 25,888,
COURT OF APPEALS OF NEW MEXICO, July 5, 2006, Filed
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Overview: Order granting city's application for a permit to open a new landfill was upheld because under N.M. Code R. 20.9.1.900(F)(6)(d)(ii), city was not required to obtain or submit a financial statement before issuance of the permit; rather, the city only had to place the appropriate statement in its operating record before the initial receipt of waste.
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