New Mexico Court of Appeals Court Cases

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  1. State v. Boyer (1985)

    Here, a docketing statement was filed by trial counsel, raising three issues: (1) an involuntary guilty plea because the plea agreement required defendant and his co-defendant to plead, or else neither plea would be accepted; (2) lack of a factual basis for the guilty plea; and (3) improper calculation of credit for time served. NMSA 1978, Crim., Child.Ct., Dom.Rel. & W/C App.R. 205 (Repl.Pamp. 1983). We proposed summary affirmance. NMSA 1978, Crim., Child.Ct., Dom.Rel. & W/C App.R. [...]

    Court: New Mexico Court of Appeals Docket: 8175
  2. Hennessy v. Duryea (1998)

    1. George Duryea (Husband) appeals from the trial court's order of February 16, 1996, awarding a share of his military retirement pay to his former wife, Dora Hennessy (Wife). Husband asserts that the trial court erred in making this award because: (1) Husband and Wife were not residents of New Mexico during the time he earned most of his pension benefits; (2) the military retirement pay was not divisible under the laws of New Jersey or New Mexico at the time of the parties' 1973 divorce [...]

    Court: New Mexico Court of Appeals Docket: 17317
  3. State v. Moore (1989)

    Defendant appeals from judgment and sentence on conviction after a jury trial. He asserts on appeal that the trial court erred in: (1) denying his motion to suppress a pistol seized by police and statements made to the police about the pistol; (2) denying his motion to suppress the in-court identification testimony of the two victims; (3) allowing the state's peremptory challenge of the only black member of the jury venire; (4) imposing consecutive sentences for two counts of armed robbery and [...]

    Court: New Mexico Court of Appeals Docket: 10836
  4. Woolwine v. Furr's, Inc. (1987)

    Plaintiff appeals from an adverse judgment following a jury trial in a slip and fall action. Plaintiff argues that the trial court erred: (1) in submitting a jury instruction permitting the jury to compare the negligence of plaintiff, Furr's, Inc., (Furr's) and a nonparty, College Development Corporation (landowner), and submitting certain other jury instructions; (2) admitting into evidence a copy of the lease agreement between the landowner and Furr's, Inc.; and (3) that the trial court [...]

    Court: New Mexico Court of Appeals Docket: 9571
  5. State v. Salgado (1991)

    In this case assigned to the general calendar, defendant filed a motion to amend his docketing statement at the same time that he filed his brief-in-chief. The motion sought to add additional facts of which counsel had become aware by reviewing the transcript after the case was assigned to the general calendar. We deny the motion. In appeals filed after July 1, 1990, and assigned to the general calendar, amendments to docketing statements are unnecessary.


    Court: New Mexico Court of Appeals Docket: 12598
  6. State v. Salas (1999)

    {1} Defendant Frank Salas, Sr. was convicted in district court of possession of methamphetamine, a fourth degree felony, and sentenced as an habitual offender. He appeals from the district court's judgment and sentence and commitment asserting that: (1) there was inadequate evidence to support his arrest for disorderly conduct; (2) the district court erred in failing to grant a mistrial or admonish the jury regarding the State's improper cross-examination of a witness; and (3) the State failed [...]

    Court: New Mexico Court of Appeals Docket: 19391
  7. Matter of Ernesto M., Jr. (1996)

    1. Ernesto M. (Child) appeals the adult sentence invoked by the children's court after he admitted to committing four crimes out of an eight-count indictment and thereby established that he was a "youthful offender." See NMSA 1978, § 32A-2-3(I) (Repl. Pamp.1993). Child raises seven issues on appeal: 1) NMSA 1978, Section 32A-2-20 (Repl.Pamp.1993) is unconstitutionally vague; 2) the children's court erred in weighing the sentencing factors under Section 32A-2-20(C); 3) there was insufficient [...]

    Court: New Mexico Court of Appeals Docket: 16203
  8. State v. Ibarra (1993)

    Defendant appeals his convictions for armed robbery, conspiracy to commit armed robbery, aggravated battery, false imprisonment, and unlawful taking of a motor vehicle. The calendar notice proposed summary affirmance and Defendant responded with a timely filed memorandum in opposition and a motion to amend the docketing statement. We have reviewed Defendant's memorandum in opposition and are unpersuaded that error occurred. Accordingly, for the reasons stated below, we affirm.


    Court: New Mexico Court of Appeals Docket: 14312
  9. LAS CRUCES FIRE FIGHTERS v. Las Cruces (1996)

    William R. Babington, Jr., Sager, Curran, Sturges & Tepper, P.C., Las Cruces, Christopher E. Platten, Carol L. Koenig, Wylie, McBride, Jesinger, Sure & Platten, San Jose, CA, for Petitioners-Appellees.


    Court: New Mexico Court of Appeals Docket: 16674
  10. State v. Martinez (1996)

    2. Defendant appeals his convictions for three counts of trafficking in a controlled substance (cocaine) contrary to NMSA 1978, Sections 30-31-20(A)(2), -2(O) (Cum.Supp.1995), and -7(A)(1) (Repl.Pamp.1989). Defendant raises four issues on appeal: (1) whether Defendant's Sixth Amendment right to confront adverse witnesses was violated when he was not permitted to impeach the State's confidential informant who had an alleged motive to fabricate testimony based on the pendency of serious criminal [...]

    Court: New Mexico Court of Appeals Docket: 16331
  11. State v. Sparks (1985)

    Defendant, Seth Sparks, appeals from his convictions on nine counts of making false statements contrary to NMSA 1978, Section 7-1-73(A) (Repl.Pamp. 1983). Each count relates to a New Mexico Individual Income Tax Return filed on behalf of other persons in 1981. In his appeal the defendant presents six issues for consideration by this court: first, whether there was sufficient evidence to show intent on each count; second, whether the trial court erred in allowing the introduction of tax returns [...]

    Court: New Mexico Court of Appeals Docket: 7714
  12. State v. Aker (2005)

    {1} Defendant Nic Aker appeals from the trial court's judgment and sentence. He pled guilty to second degree murder, kidnaping, burglary, conspiracy to commit kidnaping, and conspiracy to commit first degree murder. Defendant raises two issues on appeal, arguing that the trial court erred in considering previously undisclosed ex parte letters concerning sentencing, and that Defendant was deprived of effective assistance of counsel because counsel did not have an opportunity to review the [...]

    Court: New Mexico Court of Appeals Docket: 24099
  13. State v. Rael (1983)

    Although originally charged with aggravated burglary, contrary to NMSA 1978, § 30-16-4(C), defendant was convicted of breaking and entering in violation of NMSA 1978, § 30-14-8 (Cum.Supp. 1982). His docketing statement raised two issues upon which we proposed summary affirmance. NMSA 1978, Crim., Child.Ct., Dom. Rel. & W/C App.R. 207 (Spec.Supp. 1983). His timely memorandum in opposition does not contest the proposed disposition on these issues, but rather constitutes a motion to amend [...]

    Court: New Mexico Court of Appeals Docket: 7242
  14. Tallman v. ABF (Arkansas Best Freight) (1988)

    Respondent, Arkansas Best Freight (ABF), a self-insured employer, appeals a compensation order of the Workers' Compensation Division (WCD) awarding claimant Tallman temporary total disability and other benefits. ABF contends WCD erred by finding that: (1) Tallman suffered a compensable accidental injury on September 5, 1986; (2) Tallman was temporarily totally disabled as of September 5, 1986, as well as at the time of the hearing; and (3) Tallman did not willfully and knowingly misrepresent [...]

    Court: New Mexico Court of Appeals Docket: 10125
  15. Muse v. Muse (2008)

    {1} Husband Jack Leroy Muse appeals from adverse rulings in an over-seven-year, bitterly fought marital dissolution. We remand on issues relating to Husband's right to receive accountings and relating to his right to review documents and information underlying the special master reports. We also remand on an issue relating to attorney fees. We affirm on all other issues.


    Court: New Mexico Court of Appeals Docket: 27,177 27,281 27,509 27,944
  16. State v. Aragon (1999)

    {1} Frank T. Aragon (Defendant) previously appealed his convictions for aggravated assault with a deadly weapon; resisting, evading, or obstructing an officer; and battery. He also appealed his sentence as an habitual offender. This Court conditionally affirmed the convictions in State v. Aragon (Aragon I), 1997-NMCA-087, 123 N.M. 803, 945 P.2d 1021. Therein, this Court remanded the case for adoption of specific findings of fact and conclusions of law concerning: (1) the basis for the trial [...]

    Court: New Mexico Court of Appeals Docket: 19510
  17. Matter of Estate of Heeter (1992)

    Harold and Ruth Heeter were married in 1937 or 1938. In 1977 they executed a joint will (Harold and Ruth Will). Ruth Heeter died in 1982. Harold married Respondent, Agnes Wickel, in 1984. Harold and Agnes executed a joint will in 1985 (Harold and Agnes Will). Harold died in 1987.


    Court: New Mexico Court of Appeals Docket: 11862
  18. Crutchfield v. DEPT. OF TAXATION & REVENUE (2004)

    {1} This appeal raises an issue of the State's duty under public records statutes to provide an electronic database to a commercial user, butting two statutory policies relating to a citizen's access to public records against one another and requiring this Court to wrestle with whether the State can protect its interests by setting conditions and charging a royalty for use of its electronic database.


    Court: New Mexico Court of Appeals Docket: 23,550
  19. State v. Sommer (1994)

    Defendant appeals the denial of his motion to reconsider his sentence as a habitual offender. Our calendar notices in this case proposed summary affirmance. Defendant has filed timely responses. Finding these arguments unpersuasive, we affirm.


    Court: New Mexico Court of Appeals Docket: 15350
  20. State v. Lucero (1986)

    Defendant appeals from his convictions of three counts of child abuse, contrary to NMSA 1978, Section 30-6-1 (Repl.Pamp. 1984) and the enhancement of his sentences, pursuant to the Habitual Offender Act, NMSA 1978, Section 31-18-17(D) (Cum.Supp.1986). Defendant raises six appellate issues:


    Court: New Mexico Court of Appeals Docket: 8933

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