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| Sonic Indus. v. State, Docket No. 26,447,
SUPREME COURT OF NEW MEXICO, August 3, 2006, Filed
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Overview: Out-of-state corporation's franchising activities in New Mexico constituted out-of-state sales that were not subject to gross receipts tax (GRT) under the Gross Receipts and Compensating Tax Act, N.M. Stat. Ann. §§ 7-9-1 through 7-9-100; New Mexico Taxation and Revenue Department's assessment against corporation for GRT was in error.
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| State ex rel. Children, Youth & Families Dep't v. Athena H., Docket No. 25,979,
COURT OF APPEALS OF NEW MEXICO, August 3, 2006, Filed
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Overview: The termination of the mother's parental rights was appropriate under N.M. Stat. Ann. § 32A-4-28(B)(2)(a) because she was unable to safely parent her children and meet their psychological and emotional needs in the foreseeable future due to her "psychological infirmities" and the trauma that the children had suffered under her care.
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| State v. Armendariz, Docket No. 28,320,
SUPREME COURT OF NEW MEXICO, August 3, 2006, Filed
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Overview: Trial court did not err in excluding, pursuant to N.M. R. Ann. 11-404, evidence of specific instances of prior domestic violence committed by a murdered police officer. Defendant was not prevented from presenting an essential element of his defense. There was ample evidence presented at trial to support defendant's claim he acted in self-defense.
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| State v. Kovach, Docket No. 25,274,
COURT OF APPEALS OF NEW MEXICO, August 7, 2006, Filed
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Overview: There was insufficient evidence to convict defendant of embezzlement, N.M. Stat. Ann. § 30-16-8, where although she had access to the filing cabinet she was not given dominion over pre-signed checks within the cabinet; defendant had no discretion or authority in regard to the pre-signed checks, and there was insufficient evidence of entrustment.
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| City of Santa Rosa v. Twin City Fire Ins. Co., Docket No. 25,126,
COURT OF APPEALS OF NEW MEXICO, August 8, 2006, Filed
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Overview: A city's monetary settlement with a terminated employee over allegations of racial discrimination was not covered by an insurer's policy. The mere filing of a grievance by the terminated employee with state and federal agencies did not constitute a claim under a claims made policy because it was not accompanied by any request for relief.
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| Heimann v. Kinder-Morgan CO2 Co., L.P., Docket No. 25,735,
COURT OF APPEALS OF NEW MEXICO, August 8, 2006, Filed
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Overview: The district court did not err in denying the working interest owner's motion to compel arbitration because it was not clear whether the royalty owners challenged the prices under non-qualified contracts to support their claims for violation of the Unfair Practices Act, N.M. Stat. Ann. §§ 57-12-1 to -24, fraud, and unjust enrichment.
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| State v. Wilson, Docket No. 29,484,
SUPREME COURT OF NEW MEXICO, August 8, 2006, Filed
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Overview: Judgment and sentence against defendant for criminal trespass and harassment issued by the Metropolitan Court did not include a statement, pursuant to N.M. Stat. Ann. § 40-13-7(E), whether the conviction resulted from commission of domestic abuse; therefore, undisputed facts did not support conclusion that convictions involved domestic violence.
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| Stennis v. City of Santa Fe, Docket No. 25,549,
COURT OF APPEALS OF NEW MEXICO, August 9, 2006, Filed
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Overview: Property owner continued to drill well, even after receiving city's notice that property owner needed authorization and that she was bound by Santa Fe, N.M., Code, ch. XXV, § 1.10. City could exercise legislative powers, pursuant to N.M. Const. art. X, § 6(D), because it was home rule city and ordinance complied with N.M. Stat. Ann. § 3-53-1.1.
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| Johnstone v. City of Albuquerque, Docket No. 25,721,
COURT OF APPEALS OF NEW MEXICO, August 10, 2006, Filed
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Overview: Stepfather was properly granted summary judgment in negligence action for stepdaughter's suicide with stepfather's gun because he had no legal duty to prevent the suicide and the stepdaughter's actions constituted an independent intervening cause of her death that broke the causal chain stepfather's negligence, if any.
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| State v. Romero, Docket No. 25,007 consolidated with Docket No. 25,008,
COURT OF APPEALS OF NEW MEXICO, August 10, 2006, Filed
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Overview: Bail bond statute, N.M. Stat. Ann. § 31-3-2, governed over the forms, N.M. R. Ann. 9-303A, because the statute created a substantive right for the bail bond surety; because the statute did not permit such a forfeiture, the appellate court reversed the orders forfeiting defendants' bail.
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