In the early hours of September 15, 2005, nine shots were fired through a
3 bedroom window of an apartment in Clovis, killing ten-year-old Carlos Perez. Carlos
4 had been sleeping in the bedroom he shared with his older brother, the intended
5 victim, seventeen-year-old Ruben Perez.
6 {4} That night there were two distinct groups of actors involved in the shooting:
7 one group... More...    $0 (03-17-2018 - NM)

Defendant Trevor Begay was convicted of battery in the San Juan County
11 Magistrate Court and sentenced to 182 days of imprisonment with credit for eleven
12 days of time served. The magistrate court suspended his sentence and ordered that
13 Defendant serve 171 days of supervised probation. Defendant violated the terms of
14 his probation and could not be located to answer for th... More...    $0 (01-23-2016 - NM)

What started as a routine inspection of Norman Washington Berry’s commercial tractor-trailer at a New Mexico port of entry eventually revealed boxes of marijuana nestled in with his load of cantaloupe. A jury convicted Berry of possession with intent to distribute 100 kilograms or more of marijuana. He complains about a “permissive inferenceâ€� instruction given to the jury and claims the evid... More...    $0 (06-26-2013 - NM)

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIAâ€�), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRAâ€�). T... More...    $0 (05-07-2012 - NM)

Plaintiffs William B. Elliott, Tommy J. Evaro, and Andria J. Hernandez were all targets of investigations by the Doña Ana County grand jury. Under New Mexico law they were entitled to target notices that advised them of the right to testify before the grand jury. But the notices they received may not have complied with state law. They filed a civil-rights action under 42 U.S.C. § 1983 in the Uni... More...    $0 (04-09-2012 - NM)

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco... More...    $0 (08-22-2011 - NM)

{1} The State Attorney General filed this quiet-title action to secure title to a roadway that historically had provided public access to thousands of acres of state trust lands in Colfax and Mora counties. The Attorney General has prevailed in its quest to quiet title, with two Court of Appeals opinions agreeing that the state holds title to the road in question. This appeal arises because t... More...    $0 (03-05-2009 - NM)

Petitioner Hydro Resources, Inc. (“HRIâ€�) challenges a February 6, 2007, U.S. Environmental Protection Agency (“EPAâ€�) Land Status Determination, in which EPA concluded that certain land owned by HRI in the “checkerboardâ€� area of northwestern New Mexico—the so-called “Section 8â€� land—is “Indian country.â€� EPA’s Determination subjects HRI’s proposed uranium mine to EPA regu... More...    $0 (04-17-2009 - NM)

{1} On motion for rehearing, the opinion filed June 20, 2008 is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.



{2} Over seven years ago, Jose and Olivia Pincheira (Plaintiffs) filed a complaint against Allstate Insurance Co. (Defendant) alleging bad faith, fraud, unfair trade practices, and other claims. The... More...    $0 (07-22-2008 - NM)

{1} In this case, we consider whether an association that is organized under the Sanitary Projects Act (SPA), NMSA 1978, §§ 3-29-1 to -21 (1965, as amended through 2006), is immune from suit for damages, pursuant to the New Mexico Antitrust Act (NMAA), NMSA 1978, §§ 57-1-1 to -17 (1891, as amended through 1987). We conclude that an SPA association is a special function governmental unit, ... More...    $0 (09-04-2008 - NM)

{1} On motion for rehearing, the opinion filed June 20, 2008 is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.



{2} Over seven years ago, Jose and Olivia Pincheira (Plaintiffs) filed a complaint against Allstate Insurance Co. (Defendant) alleging bad faith, fraud, unfair trade practices, and other claims.... More...    $0 (07-22-2008 - NM)

{1} Petitioner Board of Education, Moriarty Municipal School District (School District) appeals from an opinion of the Court of Appeals, which affirmed the district court's decision that the School District must pay Respondent Thunder Mountain Water Company (Thunder Mountain) the fair market value of its property in a condemnation action and that deducting the amount of a "contribution i... More...    $0 (06-01-2007 - NM)

{1} Charles Cline and Judith Davis have lived together since 1997. Although they are not married, they have held themselves out to the public as husband and wife. After Davis was involved in an automobile accident, she made a claim for underinsured motorist benefits as a Class I insured under insurance contracts issued only to Cline as the named insured. See Morro v. Farmers Ins. Group, 10... More...    $0 (06-20-2006 - NM)

{1} The Court of Appeals consolidated two related actions, the first involving foreclosure on a judgment lien and the second involving voluntary waste of the foreclosed property. The district court had ruled in the waste proceeding that Defendant Robin G. Wakeland was equitably estopped from asserting her statutory homestead exemption in the foreclosure proceeding. The Court of Appeals a... More...    $0 (06-05-2005 - NM)

Plaintiff-appellant Forest Guardians sought to obtain information and a waiver of all search and copying fees from the Bureau of Land Management ("BLM") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. After the BLM refused to release the information and denied the fee waiver, Forest Guardians sued the BLM in federal district court.(*) The district court granted Forest Guardians... More...    $0 (07-27-2005 - NM)

Condemnation of AMREP Corporation water company in Santa Fe, New Mexico. The condemning authority sought to obtain the defendant's right, title and interest in its water utility company by eminent domain for $6.2 million.... More...    $11000000 (09-23-2004 - NM)

{1}Petitioner, Rio Grande Chapter of the Sierra Club (Sierra Club), appeals from the decision in Rio Grande Chapter of the Sierra Club v. New Mexico Mining Commission, 2001-NMCA-047, 29, 130 N.M. 497, 27 P.3d 984, in which the Court of Appeals reversed the district court's decision to set aside a final order of the New Mexico Mining Commission (Commission) affirming the issuance of a revised m... More...    $0 (12-20-2002 - NM)

{1}Plaintiffs-Appellants Kenneth Herrera, personal representative of Octavio Ruiz, and Jose Encinias filed a complaint for wrongful death and personal injury against Defendant-Appellee Quality Pontiac, a corporation doing business in Albuquerque, New Mexico, following a traffic accident caused by a thief who stole a car from Defendant's lot. The district court dismissed the case with prejudice ... More...    $0 (05-16-2003 - NM)

{1}Petitioners Running Elk Corp. and Second Running Elk Corp. (Running Elk) petitioned this Court to review an opinion of the Court of Appeals, which held that a liability release signed by Respondent Nicholas Berlangieri was unenforceable. See Berlangieri v. Running Elk Corp., 2002-NMCA-060, 22, 132 N.M. 332, 48 P.3d 70, cert. granted, No. 27,492 (2002). The Court of Appeals reversed an order of... More...    $0 (08-28-2003 - NM)

The Cities of Albuquerque and Santa Fe and the Counties of Bernalillo and Santa Fe, among others, (collectively, the Local Governments) appeal the approval of a tariff by the New Mexico Public Regulation Commission (PRC) that allows Public Service Company of New Mexico (PNM) to recover costs incurred in complying with any local ordinance to place utility systems underground, including placing new ... More...    $0 (09-30-2003 - NM)

Appellant Tri-State Generation and Transmission Association, Inc. (Tri-State) sought court orders allowing it to enter and survey land owned by Appellees. Tri-State plans to condemn the land, if suitable, in order to build a new electrical transmission line. The district court concluded that the New Mexico Public Regulatory Commission (PRC) has exclusive jurisdiction over Tri-State and therefore d... More...    $0 (10-10-2003 - NM)