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| City of Las Cruces v. Sanchez, Docket No. 29,872,
SUPREME COURT OF NEW MEXICO, June 27, 2007, Filed
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Overview: Part of N.M. Stat. § 35-15-11, allowing a city to appeal from a municipal court to a district court only when the municipal court held an ordinance unconstitutional or a complaint insufficient, was without force because that provision invalidly abridged a city's right to a district court appeal under N.M. Const. art. VI, § 27.
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| McMinn v. MBF Operating Acquisition Corp., Docket No. 29,725,
SUPREME COURT OF NEW MEXICO, June 27, 2007, Filed
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Overview: Appraisal under N.M. Stat. Ann. § 53-15-3 (1983) was not a non-controlling shareholder's exclusive remedy against the corporation and controlling shareholders with respect to a freeze out merger transaction given the conflict created by state statute, the purpose of the appraisal remedy, and the alleged acts of pre-merger misconduct.
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| State v. Grogan, Docket No. 29,513,
SUPREME COURT OF NEW MEXICO, June 27, 2007, Filed
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Overview: Trial court did not abuse its discretion by finding ineffective assistance of counsel without holding an evidentiary hearing and granting defendant a new trial under N.M. R. Ann. 5-614 because prejudice was manifest, as counsel failed to secure and review his own expert's opinion, which was most damaging evidence presented at trial.
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| State v. Lucero, Docket No. 29,857,
SUPREME COURT OF NEW MEXICO, June 27, 2007, Filed
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Overview: In 2003, Legislature repealed N.M. Stat. Ann. § 31-18-16.1, which mandated one-year sentencing enhancement when a victim at least sixty years old was intentionally injured; defendant's case was pending as State charged him with crime against elderly in a 2002 criminal complaint. Under N.M. Const. art. IV, § 34, statute still applied to defendant.
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| State v. Neal, Docket No. 30,005,
SUPREME COURT OF NEW MEXICO, June 27, 2007, Filed
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Overview: Under the Fourth Amendment, an officer did not have reasonable suspicion to justify a detention beyond the time necessary to issue a citation for a cracked windshield because defendant's association with a convicted felon, who was under surveillance in an ongoing drug investigation, was insufficient to create reasonable suspicion of defendant.
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| N.M. Bd. of Veterinary Med. v. Riegger, Docket No. 29,790,
SUPREME COURT OF NEW MEXICO, June 28, 2007, Filed
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Overview: Under N.M. R. Ann. 1-054 and N.M. Stat. Ann. § 61-32-24(F), costs were presumed assessable to veterinarian on New Mexico Board of Veterinary Medicine's claim. Transcription and expert witness costs were assessable under N.M. Stat. Ann. § 61-1-4(G), but not hearing officer and venue costs. Board members' per diem and mileage could not be assessed.
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| State v. Sutphin, Docket No. 29,387,
SUPREME COURT OF NEW MEXICO, June 29, 2007, Filed
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Overview: Defendant was not entitled to a self-defense jury instruction, and therefore the district court erred by granting defendant's petition for a writ of habeas corpus under N.M. R. Ann. 5-802 where he continued to strike the victim with a pipe after the victim lost consciousness.
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| State v. Janzen, Docket No. 27,174,
COURT OF APPEALS OF NEW MEXICO, August 22, 2007, Filed
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| State ex rel. Children, Youth & Families Dep't v. Brandy S., Docket No. 26,814,
COURT OF APPEALS OF NEW MEXICO, August 24, 2007, Filed
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Overview: The termination of the mother's parental rights to her son and daughter was proper because no aspect of the termination of parental rights proceedings violated the mother's due process rights or constituted structural error. The fact that the district court took judicial notice of the case file did not necessitate additional procedural safeguards.
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