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| State v. Bernal, Docket No. 29,183,
SUPREME COURT OF NEW MEXICO, October 17, 2006, Filed
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Overview: Defendant's convictions for, inter alia, felony murder and attempted armed robbery in violation of N.M. Stat. Ann. § 30-16-2 (1973) were affirmed because the attempted robbery of the owner and the attempted robbery of his girlfriend were separate crimes involving different victims and distinct harms. Thus, there was no double jeopardy issue.
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| State v. Johnson, Docket No. 28,660,
SUPREME COURT OF NEW MEXICO, October 17, 2006, Filed
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Overview: In defendant's prosecution for drug charges, a trial court properly denied defendant's motion to suppress evidence from a search because approximately ten seconds of police officers' knocking and announcing their purpose satisfied the knock and announce rule when the motel room was small and defendant made no response.
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| State v. Jojola, Docket No. 29,441,
SUPREME COURT OF NEW MEXICO, October 18, 2006, Filed
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Overview: Defendant's child abuse conviction was properly reversed because N.M. R. Ann. 5-610(D) was violated by a private conversation between trial judge and a juror related to jury deliberations and the conversation did not occur in open court in the presence of defendant or otherwise made part of the record. State did not rebut presumption of prejudice.
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| State v. Donahoo, Docket No. 26,795,
COURT OF APPEALS OF NEW MEXICO, October 23, 2006, Filed
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Overview: Where an unassigned judge filled in for an assigned metropolitan court judge and made some decisions in defendant's criminal case, the unassigned judge had jurisdiction to act because, inter alia, the procedure in N.M. R. Ann. 7-105(C) was permissive and defendant did not seek to excuse the judge until after the judge made an unfavorable ruling.
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| Valdez v. Vigil, Docket No. 25,018,
COURT OF APPEALS OF NEW MEXICO, October 25, 2006, Filed
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Overview: Where a surveyor presented a boundary survey plat with a non-subdivision certification, the surveyor's mandamus petition was granted because, although a county clerk had authority under the New Mexico Subdivision Act to review the survey plat, the authority was limited to the question of whether the plat accomplished a subdivision of land.
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| State v. Martinez, Docket No. 23,710,
COURT OF APPEALS OF NEW MEXICO, October 26, 2006, Filed
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Overview: Where defendant was convicted of solicitation of aggravated burglary under N.M. Stat. Ann. §§ 30-16-4 and 30-28-3, it was reversible error under N.M. R. Ann. 11-404(A)(1) to exclude character evidence from five witnesses because defendant's character for truthfulness and honesty was pertinent to the charge of solicitation of aggravated burglary.
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| Rodeo, Inc. v. Columbia Cas. Co., Docket Nos. 25,648 & 25,652,
COURT OF APPEALS OF NEW MEXICO, October 27, 2006, Filed
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Overview: Where a finance company cancelled an insurance policy for nonpayment pursuant to a finance agreement, but the insurer did not refund any of the unearned premium for over two months, the insurer had a duty to defend because the policy remained in effect until the insurer returned the unearned premiums under N.M. Stat. Ann. § 59A-45-11.
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| State v. Fleming, Docket No. 25,853,
COURT OF APPEALS OF NEW MEXICO, October 30, 2006, Filed
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Overview: Defendant was properly convicted of four violations of N.M. Stat. Ann. § 30-40-1 for failing to disclose business income while she lived in public housing because § 30-40-1 was not unconstitutionally vague, and the term "public assistance" included defendant's public housing.
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| Sedillo v. State, Docket No. 25,914,
COURT OF APPEALS OF NEW MEXICO, October 31, 2006, Filed
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Overview: Former police officer's claim under the New Mexico Peace Officer's Employer-Employee Relations Act was properly dismissed on summary judgment because the Act applied only to administrative actions, it did not allow a private right of action, and the officer had no right to reinstatement after he voluntarily resigned from that position.
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