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| Rendleman v. Heinley, Docket No. 25,358,
COURT OF APPEALS OF NEW MEXICO, November 21, 2006, Filed
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Overview: A north property owner failed to show that a south property owner trespassed by building a wall or placing a hose into the river between their properties because when the river was high all of his property on the south bank was submerged; also, the after-acquired title doctrine estopped him from claiming title to disputed property.
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| Amend Ground Water Quality Stds. Contained in 20.6.2 NMAC N.M. Mining Ass'n v. N.M. Water Quality Control Comm'n, Docket Nos. 25,186 and 25,191,
COURT OF APPEALS OF NEW MEXICO, November 22, 2006, Filed
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Overview: In dispute over standard for uranium in water, association challenged lowering of standard to 0.03 mg/L, pursuant to N.M. Stat. Ann. 74-6-4(C); however, New Mexico Water Quality Control Commission's decision to lower standard was not arbitrary and capricious because credible scientific data existed in the record to support Commission's action.
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| Garcia v. Dorsey, Docket No. 29,689,
SUPREME COURT OF NEW MEXICO, November 22, 2006, Filed
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Overview: Prisoner's petition for habeas relief was improperly dismissed as moot because his claim remained a live controversy in that the alleged due process violation in his disciplinary hearing impacted his current incarceration and he was seeking to restore meritorious deductions under N.M. Stat. Ann. § 33-2-34(A) he had earned during his incarceration.
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| State v. Baca, Docket No. 25,952,
COURT OF APPEALS OF NEW MEXICO, November 22, 2006, Filed
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Overview: State did not meet burden to justify officer's entering defendant's home without warrant under emergency assistance doctrine because officer's belief that defendant might be suffering from sleep deprivation caused by methamphetamine use did not constitute an emergency under the Ryon case.
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| State v. Ruiz, Docket No. 24,536,
COURT OF APPEALS OF NEW MEXICO, November 22, 2006, Filed
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Overview: Defendant's criminal sexual penetration of a minor and criminal sexual contact with a minor convictions were affirmed where the trial court, inter alia, properly denied a motion to recuse the trial judge on remand and properly admitted the victim's testimony, testimony concerning defendant's prior bad acts, and testimony of the victim's mother.
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| Ferrell v. Allstate Ins. Co., Docket No. 26,058,
COURT OF APPEALS OF NEW MEXICO, November 29, 2006, Filed
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Overview: A district court erred in certifying a class of out-of-state and in-state insureds in a breach of contract action where there was no false conflict between the state laws defining premium, the laws of the involved jurisdictions had to be applied in accordance with the lex loci contractus rule, and thus, the action did not meet N.M. R. Ann. 1-023.
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| Chavez v. Desert Eagle Distrib. Co., Docket No. 26,261,
COURT OF APPEALS OF NEW MEXICO, December 1, 2006, Filed
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Overview: Alcohol distributors' actions in selling alcohol to a casino serving alcohol for 24-hours a day as part of a promotion did not make the foreseeability of a drunk driving accident that injured a driver and a passenger anything more than mere speculation on the distributor's part.
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| Capco Acquisub, Inc. v. Greka Energy Corp., Docket No. 25,816,
COURT OF APPEALS OF NEW MEXICO, December 4, 2006, Filed
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Overview: Although a district court had jurisdiction to extend the time for filing a notice of appeal to all parties under the tolling provisions of N.M. R. Ann. 12-201(D) and 12-201(E)(4), it did not err in denying the subsidiaries' motion where their miscommunication with trial counsel was not excusable neglect under N.M. R. Ann. 12-201(E)(2).
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| McNeill v. Burlington Res. Oil & Gas Co., Docket No. 25,469,
COURT OF APPEALS OF NEW MEXICO, December 4, 2006, Filed
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Overview: In surface rights owners' action for damages arising from contaminated oil product site, trial court erred when it determined that the injury was permanent as a matter of law. Whether the injury was permanent or temporary was a question of fact for jury and determined the correct measure of damages, for which evidence of remediation was admissible.
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