New Mexico Court of Appeals
Pinasco v. Ashcroft - New Mexico Court of Appeals Opinion
The New Mexico Court of Appeals affirmed a lower court's decision granting summary judgment in favor of El Paso Natural Gas Company, LLC. The case involved a dispute over access rights to a property, with the plaintiffs claiming an easement. The court's opinion is designated as non-precedential.
State v. Gutierrez - New Mexico Court of Appeals Opinion
The New Mexico Court of Appeals vacated a district court's dismissal with prejudice of a criminal case against Isaiah Angel Anthony Gutierrez. The appellate court ruled that once a prosecutor files a 'nolle prosequi,' the district court loses jurisdiction, unless the filing is a clear sham.
State v. Bailey - DWI conviction overturned
The New Mexico Court of Appeals reversed a DWI conviction for Stephen Charles Bailey. The court found that the phlebotomist who drew Bailey's blood was not authorized under the Implied Consent Act, making the blood-alcohol test results inadmissible. The conviction was overturned due to prejudice from the admission of these results.
State v. Soto - New Mexico Court of Appeals Opinion
The New Mexico Court of Appeals reversed a perjury conviction for Ricardo Soto. The court held that using a defendant's invocation of their right to counsel as evidence of a sound mental state violates due process. This ruling establishes a precedent for New Mexico appellate courts.
City of Roswell v. Lucero - Driving with Suspended License Appeal
The New Mexico Court of Appeals issued an opinion in City of Roswell v. Lucero, addressing an appeal of a conviction for driving with a suspended license. The court considered arguments regarding sufficiency of evidence and the authority of the Motor Vehicle Division to suspend the license.
State v. Owen - Probation Revocation Appeal
The New Mexico Court of Appeals affirmed a district court's decision to revoke probation for Celestino J. Owen. The court found no possibility for reversal based on the defendant's arguments regarding insufficient evidence for aggravated driving while intoxicated and lack of notice of probation terms.
Mottola v. Triad Nat'l Sec., LLC - Employment Dispute
The New Mexico Court of Appeals issued a memorandum opinion in Mottola v. Triad Nat'l Sec., LLC, affirming a lower court's decision to uphold an arbitration award. The case involved an employment dispute concerning termination allegedly due to age or retaliation for union activities.
State v. Crawford - New Mexico Court of Appeals Opinion
The New Mexico Court of Appeals issued an opinion in State v. Crawford, vacating one conviction for shooting from a motor vehicle due to double jeopardy. The court affirmed convictions for attempted murder, aggravated assault on a peace officer, and aggravated fleeing a law enforcement officer.
Dilley v. New Mexico Corr. Dep't - Civil Rights Act Appeal
The New Mexico Court of Appeals affirmed a lower court's dismissal of a civil rights complaint. The plaintiff alleged failures in ensuring restitution orders were entered before a defendant's release. The court's decision is based on a prior Supreme Court ruling.
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