When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate... More...    $0 (06-20-2018 - NM)

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...    $0 (10-05-2017 - NM)

In this direct criminal appeal, Defendant-Appellant Matthew Yazzie contends
that his seventy-eight-month within-guideline sentence for assault resulting in serious
bodily injury is substantively unreasonable because the sentencing guideline used to
calculate his advisory sentencing range, U.S.S.G. § 2A2.2, produces disproportionate
sentences. Having jurisdiction under 18 U.S.C. § 3... More...    $0 (08-09-2017 - NM)

Two months after his release from prison, Alonzo Williamson was accused
of violating the terms of his supervised release. After two hearings, the district
court revoked Williamson’s supervised release and imposed additional jail time
followed by another term of supervised release. On appeal, Williamson
challenges the revocation, arguing the government presented insufficient evidenc... More...    $0 (08-09-2017 - NM)

New Mexico appeals the district court’s grant of Debra Hatten-Gonzales’s
motion for a preliminary injunction preventing the New Mexico Human Services
Department from implementing NMAC § 8.139.410.14, a regulation
implementing federal restrictions on food stamp benefits, until December 31,
2016. Hatten-Gonzales filed the motion pursuant to a consent decree that has
* This order ... More...    $0 (05-16-2017 - NM)

On June 3, 2010, Guadalupe Ashford’s body was found partially hidden behind
16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated
17 that Ashford had initially been assaulted in the lot and then dragged a short distance
18 to its edge where her body was found. The drag marks were contained within the span
19 of one parking space and extended less... More...    $0 (06-22-2016 - NM)

Carlos Franco pleaded guilty to federal firearm charges under a plea
agreement that allowed him to appeal the district court’s denial of his motion to
suppress evidence. Because Franco waived the sole argument he presents on
appeal, we affirm the district court’s denial of the suppression motion.
In the early morning hours of June 5, 2013, a Chaves County deputy sheriff
initia... More...    $0 (12-13-2015 - NM)

Mr. Alejandro Soto-Robledo was convicted of illegal reentry into the
United States and sentenced to 57 months in prison, which represented the bottom
of the guideline range. Mr. Soto-Robledo appeals this sentence on the ground that
it is substantively unreasonable. We disagree and affirm.
* The parties have not requested oral argument, and the Court concludes that oral argument wou... More...    $0 (08-31-2015 - NM)

Defendant Adrian Mike appeals his conviction for escape in violation of 18
U.S.C. § 751(a). Mike walked away from a halfway house where he was
confined as a condition of supervised release. He argues that such a violation
did not constitute “escape� from “confinement� within the meaning of § 751(a).
However, he also acknowledges to this court that such a contention is for... More...    $0 (12-23-2014 - NM)

After a bench trial, the district court found that Mr. Jon Edelman owed the
federal government over $334.8 million for delinquent income tax obligations and
had funneled $1,601,000 from one trust (Delos Trust) to a second trust (Edelman
Trust). These findings led the court to grant the federal government a constructive
trust on the Edelman Trust’s current and future assets up to ... More...    $0 (12-01-2014 - NM)

Jerome Yazzie appeals the 40-year sentence he received after being convicted by a jury of several offenses, including two counts of carrying or using a firearm in relation to a crime of violence. See 18 U.S.C. § 924(c). On appeal he argues that the United States After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on... More...    $0 (03-13-2014 - NM)

{1} Appellant Amethyst Land Co., Inc. (Amethyst) and Appellees James F. Terhune and Elizabeth R. Terhune (the Terhunes) are adjoining property owners in Santa Fe County, New Mexico. For several years, access to the property now owned by Amethyst was provided by a 40-foot, non-exclusive roadway and utility easement located on the land now owned by the Terhunes. In 2001, when the Terhunes purchased ... More...    $0 (02-26-2013 - NM)

Following a jury trial, Defendant was convicted of obstructing justice in violation of 18 U.S.C. § 1512(c)(2). He was sentenced to a term of imprisonment of six months and one day, followed by six months of home confinement and a term of supervised release. This appeal followed.

BACKGROUND

Defendant’s conviction stems from his disclosure of the existence of an ongoing undercov... More...    $0 (11-15-2012 - NM)

{1} This litigation stems from a dispute over the proper calculation of royalty payments on state oil and gas leases. In New Mexico, the Commissioner of Public Lands (Commissioner) “is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the exploration, development and production of oil and natural gas, from any lands belonging to the state of New... More...    $0 (08-24-2012 - NM)

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit... More...    $0 (01-11-2012 - NM)

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as to the ownership and use of, as ... More...    $0 (12-18-2002 - NM)

Plaintiff-Appellant Jessica Cohon sought funding through New Mexico’s Mi Via Waiver program,1 a Medicaid program offered by New Mexico that offers a home and community-based alternative to institutional care for qualifying individuals. Cohon qualified for the Mi Via Waiver program and submitted budget requests which were granted in part and denied in part. She unsuccessfully filed an administrat... More...    $0 (05-09-2011 - NM)

{1} Worker Jesus Gonzalez appeals the decision of the Workers’ Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(C) (1990), of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker’s undocume... More...    $0 (01-10-2011 - NM)

{1} This case involves a property ownership dispute. Defendant White’s ownership interest in the property arose from a quitclaim deed from Defendant Hayden, whose ownership interest arose out of a real estate contract between Hayden and Plaintiff, which Plaintiff contended was invalid. In Plaintiff’s action against Defendants, Hayden failed to answer requests for admissions, which resulted in ... More...    $0 (03-23-2010 - NM)

{1} This case results from the disintegration of an agreement between the Village of Angel Fire (Village) and the Board of County Commissioners of Colfax County (County). In 2001, the parties executed a Joint Powers Agreement (JPA) in which the Village promised to collect the trash of certain county residents in consideration for the sum of $50,000, paid semi-annually in payments of $25,000 each. ... More...    $0 (03-25-2010 - NM)

{1} Plaintiffs-Respondents (Plaintiffs) are royalty owners who brought a class action lawsuit claiming that Defendant-Petitioner (Burlington) has underpaid royalties by improperly deducting the costs and expenses associated with placing natural gas in a marketable condition. The district court certified a class under Rule 1-023(B)(2) and (B)(3) NMRA, finding that “[t]he common pre-tailgate deduc... More...    $0 (04-27-2010 - NM)

{1} This case is about a verbal agreement made by Warren and Betty Beaver (Sellers) to sell land for a home site to Michael and Karen Brumlow (Buyers). Sellers reneged on the agreement after Mr. Brumlow left Sellers’ employment and started working for a competitor. The trial court ordered specific performance of the oral agreement, and Sellers appeal. Sellers acknowledge that the evidence was su... More...    $0 (03-04-2010 - NM)

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th... More...    $0 (03-04-2010 - NM)

Mark A. Pallotino, Sr. and Mark S. Pallotino, Jr. appeal from the district court’s judgment entered in favor of defendants. Because the district court has not disposed of all of the federal claims presented by plaintiffs in their complaint, we must dismiss the appeal for lack of jurisdiction and remand to the district court for further proceedings.

I. Background

The main issue rele... More...    $0 (10-20-2009 - NM)

{1} “In a case tried by the court without a jury, . . . the court shall enter findings of fact and conclusions of law when a party makes a timely request.â€� Rule 1-052(A) NMRA. The reasons for this requirement are to aid “the appellate court by placing before it the basis of the decision of the trial court; to require care on the part of the trial judge in . . . consideration and adjudic... More...    $0 (02-09-2009 - NM)

{1} “In a case tried by the court without a jury, . . . the court shall enter findings of fact and conclusions of law when a party makes a timely request.â€� Rule 1-052(A) NMRA. The reasons for this requirement are to aid “the appellate court by placing before it the basis of the decision of the trial court; to require care on the part of the trial judge in . . . consideration and adjudic... More...    $0 (02-09-2009 - NM)

{1} Plaintiffs Jamie Durham (Jamie) and Travis Durham (Travis) (together, the Durhams) sued Suzanne Guest (Guest) for malicious abuse of process, alleging that she issued subpoenas for an illegitimate purpose in an arbitration proceeding. Guest contends that the Durhams failed to state a malicious abuse of process claim under DeVaney v. Thriftway Marketing Corp., 1998-NMSC-001, 124 N.M. 512, ... More...    $0 (02-20-2009 - NM)

This appeal comes to us from an order of the district court dismissing Jacek Rokowski’s complaint based on various New Mexico domestic relations statutes and the Parental Kidnaping Prevention Act of 1980, Pub. L. No. 96-611, 94 Stat. 3568 (codified in part at 28 U.S.C. § 1738A). Mr. Rokowski’s claims arise from the termination of his parental rights as to his daughter (the Child) and the adop... More...    $0 (03-13-2009 - NM)

{1} Plaintiffs, Suzanne Guest and the Guest Law Firm (Guest), appeal the district court’s grant of summary judgment in favor of Defendants, David Berardinelli (Berardinelli) and Cheryl McLean (McLean) (collectively referred to as Defendants), on three claims: (1) malicious abuse of process, (2) interference with existing and prospective contractual relations, and (3) prima facie tort. Guest... More...    $0 (02-29-2008 - NM)

Plaintiffs William Montano and Doris Lucero appeal the district court’s entry of summary judgment in favor of their former employer Christmas by Krebs Corp. (CBK). They claim that their employment was terminated in a reduction in force (RIF) in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a)(1), and New Mexico state law. Exercising jurisdiction under 28 U.S.C. ... More...    $0 (09-19-2008 - NM)

{1} John and Joanne Sheldon (collectively Appellants) appeal the trial court’s order granting summary judgment on their claims against The Hartford Insurance Company (Hartford) arising from an insurance coverage dispute. Appellants contend that Hartford was obligated to provide insurance coverage under the personal automobile policy of James Reynolds, Jr. (Reynolds), the driver of a 1997 Fo... More...    $0 (06-16-2008 - NM)

{1} We granted certiorari to review whether Defendant Dell Computer Corporation’s Motion to Stay and Compel Arbitration pursuant to the Federal Arbitration Act was properly granted. We hold that, in the context of small consumer claims that would be prohibitively costly to bring on an individual basis, contractual prohibitions on class relief are contrary to New Mexico’s fundamental publi... More...    $0 (07-30-2008 - NM)

{2} A 1996 settlement agreement resolved an action filed in 1996 (the 1996 action) by Residents against the City and Estates to resolve ... More...    $0 (02-06-2008 - NM)

{1} This is the second time this case has come before us for review. Alliance Health of Santa Teresa, Inc. (Alliance) brought suit against National Presto Industries (National Presto) and The Araz Group (Araz) (collectively Defendants) for promissory estoppel, fraud, breach of contract, and ERISA benefits. This case was originally before us for review based on a dismissal of Alliance'... More...    $0 (10-25-2007 - NM)

{1} Plaintiff Mary Salas filed a complaint for breach of contract after Mountain States Mutual refused to provide her underinsured motorist coverage under a policy Mountain States had issued to Plaintiff's son and daughter-in-law. Mountain States requested summary judgment arguing that Plaintiff had failed to comply with the consent-to-settle provisions of the policy. The district court ... More...    $0 (12-24-2007 - NM)

{1} Plaintiff Mark Rendleman and Defendant Donna Heinley own separate properties having a common boundary. Plaintiff's property is north and Defendant's property is south of that common boundary. Plaintiff claims that Defendant trespassed across the common boundary and onto Plaintiff's property. He asserts that the district court erred in holding that Plaintiff failed to prove trespass. <... More...    $0 (01-25-2007 - NM)