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| Bd. of Educ. v. Thunder Mt. Water Co., Docket No. 26,031,
COURT OF APPEALS OF NEW MEXICO, August 30, 2006, Filed
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Overview: Payment of a contribution in aid of construction charge was a contractual obligation so that school district court obtain water service and was not equivalent to fair market value of property for condemnation. Thus, district was not permitted under N.M. Const. art. II, § 20 or N.M. Stat. Ann. § 42A-1-24(D) to deduct amount from condemnation award.
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| State v. Ochoa, Docket No. 24,720,
COURT OF APPEALS OF NEW MEXICO, August 30, 2006, Filed
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Overview: Under Fourth Amendment and N.M. Const. art. II, 10, it was not constitutionally reasonable for officer to stop a vehicle for seatbelt violation, N.M. Stat. Ann. § 66-7-372(A), when he did not personally observe violation and did so only because he was told to do so by drug task force agent who wanted to talk to defendant, the driver of the vehicle.
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| Chavarria v. Fleetwood Retail Corp. , Docket No. 29,246,
SUPREME COURT OF NEW MEXICO, September 6, 2006, Filed
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Overview: Evidence supported award of punitive damages under theories of managerial capacity and corporate ratification; inter alia, employee was general manager for mobile home company at time he sold mobile home to purchasers and he had sufficient discretionary authority "regarding what was done and how it was done" to bind company for punitive damages.
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| In re Bristol, Docket No. 29,341,
SUPREME COURT OF NEW MEXICO, September 6, 2006, Filed
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Overview: Although hearing committee found attorney's ethical lapses were result of mistake and negligence, nothing more, hearing panel held otherwise and, in doing so, it overstepped its role as administrative reviewer of hearing committee's factual findings; supreme court upheld committee and de novo found attorney violated N.M. R. Ann. 16-103 and 16-303.
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| Helen G. v. Mark J. H. (In re Adoption Petition of Romero), Docket No. 25,877,
COURT OF APPEALS OF NEW MEXICO, September 7, 2006, Filed
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Overview: Father's consent to the adoption of his child was required because his filing of a paternity petition while the adoption proceeding was pending established his status as an acknowledged father under N.M. Stat. Ann. § 32A-5-3(F)(4)(a)(1).
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| Stat ex rel. Children, Youth & Families Dep't v. Amanda M., Docket No. 26,220,
COURT OF APPEALS OF NEW MEXICO, September 7, 2006, Filed
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Overview: A finding that the mother had abused and neglected her daughter was proper pursuant to N.M. Stat. Ann. § 32A-4-2(B)(1) because the child's skull was broken into many pieces and her injuries were consistent with child abuse. Additionally, the mother endangered the child by leaving her without medical care for several hours.
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| State v. Gomez, Docket No. 24,524,
COURT OF APPEALS OF NEW MEXICO, September 7, 2006, Filed
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Overview: State could not appeal under N.M. Stat. Ann. § 39-3-3(B)(2) (1972) defendant's acquittal of DWI when the exclusion of a BAC report did not make it impossible for the State to prove its case. Other evidence, which the State refused to present, was available and double jeopardy of U.S. Const. amend. V and N.M. Const. art. II, § 15 barred a retrial.
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| Benavidez v. Benavidez, Docket No. 25,750,
COURT OF APPEALS OF NEW MEXICO, September 13, 2006, Filed
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Overview: Purchaser's action for unlawful detainer of property and damages was properly dismissed because the closing on the sale of the property at issue took place on May 26, 2004, when the purchaser paid in full. Thus, the purchaser had no right to evict defendants until that date.
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| Wood v. Cunningham, Docket No. 25,015,
COURT OF APPEALS OF NEW MEXICO, September 14, 2006, Filed
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Overview: Summary judgment was properly granted to a buyer where a seller attempted to rescind a purchase and sale agreement under which the seller's interests in oil and gas leases that were located on the Navajo Nation were sold to the buyer because approval of the assignments by the Bureau of Indian Affairs was not a condition precedent to the agreement.
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