New Mexico Supreme Court Court Cases

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  1. Matter of Adoption of Doe (1984)

    Dwayne Nelson Worley (Worley) filed a petition for adoption of a minor child (child) born of a previous marriage between Worley's present wife, Linda Gayle Lee Worley (Mrs. Worley) and Rudy Keith Lee (Lee). Lee filed a response asking to dismiss the petition, and thereafter filed a motion to designate specific visitation periods, pursuant to the divorce decree between Mrs. Worley and Lee. After consolidating the cases, the district court granted the petition for adoption and denied Lee's motion [...]

    Court: New Mexico Supreme Court Docket: 14871
  2. State v. Rojo (1998)

    {1} Defendant appeals his convictions for first degree murder, tampering with evidence, and kidnapping. On appeal, Defendant asserts that (1) there was insufficient evidence to support any of his convictions; (2) the district court violated his constitutional right to be free from double jeopardy by convicting and sentencing him for both murder and kidnapping; (3) the district court erred in denying his motion to disclose the identity of a confidential informant or conduct an in camera review [...]

    Court: New Mexico Supreme Court Docket: 24,319
  3. State v. Franklin (1967)

    Thomas Franklin has appealed from an order of the district court denying his Rule 93 motion for relief from a judgment and sentence to imprisonment. The single question presented is whether section 14, article II of the New Mexico State Constitution, permitting felonies to be charged by information, violates either the Fifth Amendment requirement of a grand jury indictment, or the due process clause of the Fourteenth Amendment to the Constitution of the United States.


    Court: New Mexico Supreme Court Docket: 8330
  4. State v. Cunningham (2000)

    {1} Danny A. Cunningham was convicted of deliberate-intent first-degree murder contrary to NMSA 1978, § 30-2-1(A)(1) (1994), and sentenced to life in prison. Cunningham appeals his conviction alleging (1) that the trial court committed fundamental error by failing to instruct the jury on the essential element of unlawfulness once Cunningham had raised the issue of self-defense, and (2) that there was insufficient evidence to prove beyond a reasonable doubt that he formed the mens rea required [...]

    Court: New Mexico Supreme Court Docket: 25,604
  5. State v. Sutphin (1988)

    Defendant-appellant Kevin Sutphin was found guilty by a jury of first degree murder and tampering with evidence. He was sentenced to a term of life and to eighteen months; both sentences to be served concurrently. It is from this judgment of conviction that defendant now appeals. We affirm.


    Court: New Mexico Supreme Court Docket: 17211
  6. State v. Apodaca (1994)

    Defendant-Appellant, Anne Louise Apodaca, appeals from convictions of first-degree murder, NMSA 1978, Section 30-2-1(A)(1) (Repl.Pamp.1984), conspiracy to commit first-degree murder, NMSA 1978, Sections 30-28-2 and 30-2-1(A)(1) (Repl.Pamp.1984), tampering with evidence, NMSA 1978, Section 30-22-5 (Repl.Pamp.1984), and conspiracy to commit tampering with evidence, Sections 30-28-2 and 30-22-5. The crimes for which Defendant was convicted stem from the murder of her husband, Edward Apodaca, Sr. [...]

    Court: New Mexico Supreme Court Docket: 20463
  7. Self v. United Parcel Service, Inc. (1998)

    {1} We reverse the trial court's decision that state Minimum Wage Act claims brought by union workers covered by a collective-bargaining agreement are preempted by Section 301 of the Labor Management Relations Act, ch. 120, tit. III, § 301(a), 61 Stat. 156 (codified at 29 U.S.C. § 185(a) (1994)). We hold that these claims were not preempted because they are based on non-negotiable state law rights, and can be resolved independent of any collective-bargaining agreement. For the same reasons, [...]

    Court: New Mexico Supreme Court Docket: 24859
  8. State v. Mora (1997)

    {1} Defendant Christopher Mora was convicted of first-degree murder (felony murder, with criminal sexual contact as the underlying felony), criminal sexual contact in the third degree (child under thirteen) and intentional child abuse resulting in great bodily harm or death. The jury found Defendant not guilty of criminal sexual penetration and negligent child abuse. Defendant appeals his convictions and, alternatively, his sentencing for the convictions.


    Court: New Mexico Supreme Court Docket: 23693
  9. Swafford v. State (1991)

    Ron Swafford was convicted in the district court on one count of third-degree criminal sexual penetration, NMSA 1978, Section 30-9-11(C) (Repl.Pamp. 1984), one count of incest, NMSA 1978, Section 30-10-3 (Repl.Pamp. 1984), one count of aggravated assault with intent to commit a felony, NMSA 1978, Section 30-3-3 (Repl. Pamp. 1984), and one count of false imprisonment. NMSA 1978, Section 30-4-3 (Repl.Pamp. 1984). Following an unsuccessful appeal, Swafford v. State, 109 N.M. 132, 782 P.2d 385 [...]

    Court: New Mexico Supreme Court Docket: 18974
  10. State v. Gomez (1997)

    1. Alfredo Gomez was charged with possession of lysergic acid diethylamide (LSD), a Schedule I controlled substance prohibited under NMSA 1978, Section 30-31-23 (Repl. Pamph.1989). The trial court denied a motion to suppress evidence obtained from the warrantless search of Gomez's automobile while he was under arrest. Gomez pleaded nolo contendere and reserved the right to appeal the denial of his suppression motion. In an unpublished memorandum opinion, the Court of Appeals affirmed the [...]

    Court: New Mexico Supreme Court Docket: 23224
  11. Kelly Inn No. 102, Inc. v. Kapnison (1992)

    In this case we attempt to clarify the sometimes confusing state of the law surrounding the finality of judgments. The specific issue is whether a judgment declaring the rights and liabilities of the parties and awarding attorney's fees, but reserving for future determination the amount of the fees, is final, despite the parties and the court's recognition of the necessity for future proceedings to fix the amount of the award. We hold that it is.


    Court: New Mexico Supreme Court Docket: 19021, 19443
  12. State v. Varela (1999)

    {1} Defendant appeals from a judgment and sentence entered following a jury trial at which he was convicted of felony murder, contrary to NMSA 1978, § 30-2-1(A)(2) (1963) and NMSA 1978, § 30-1-13 (1963), shooting at a dwelling, contrary to NMSA 1978, § 30-3-8 (1993) and NMSA 1978, § 30-1-3 (1963), and conspiracy, contrary to NMSA 1978, § 30-28-2 (1963). On appeal, Defendant claims that (1) the Legislature did not intend to punish causing death by shooting at a dwelling under Section [...]

    Court: New Mexico Supreme Court Docket: 24,669
  13. Sims v. Sims (1996)

    2 This case concerns a dispute among five family members and the resultant partition of properties that they owned as tenants-in-common. The family members hold two ranches in Lea County, New Mexico. The S & D Ranch consists of approximately 12,262 deeded acres and a state grazing lease of 160 acres. The Sims Brothers Ranch consists of approximately 25,722 deeded acres, a state grazing lease of 7,081 acres, and a Federal Bureau of Land Management Permit to lease 40 acres. The five family [...]

    Court: New Mexico Supreme Court Docket: 21818
  14. State v. Roybal (2002)

    {1} Defendant appeals directly to this Court from a judgment and sentence of life imprisonment plus sixteen years, entered following convictions by a jury of first degree murder, contrary to NMSA 1978, § 30-2-1(A)(1) (1994), and conspiracy to commit first degree murder, contrary to NMSA 1978, § 30-28-2 (1979) and Section 30-2-1(A). We have jurisdiction under Rule 12-102(A)(1) NMRA 2002 and N.M. Const. art. VI, § 2. On appeal, Defendant argues first that he received ineffective assistance of [...]

    Court: New Mexico Supreme Court Docket: 26,967
  15. State v. Barber (2004)

    {1} Defendant Joe Barber appeals from his conviction of possession of methamphetamine with intent to distribute. See NMSA 1978, § 30-31-22 (1990). Our primary issue is whether the absence of a jury instruction defining possession constitutes fundamental error and requires a new trial. Defendant claims that the failure to define possession addressed a "critical determination akin to a missing elements instruction" and created the possibility of jury confusion. The Court of Appeals declined to [...]

    Court: New Mexico Supreme Court Docket: 27,938
  16. State v. Jason L. (2000)

    {1} Defendant Jason L., a minor, appeals from a decision of the New Mexico Court of Appeals reversing a district court's order suppressing a concealed weapon. See In re Jason L., 1999-NMCA-095, 127 N.M. 642, 985 P.2d 1222. We granted Defendant's petition for certiorari because his appeal raised two important issues: (1) when was he seized for purposes of his constitutional protections, see U.S. Const. amend. IV; N.M. Const. art. II, § 10, and (2) was his seizure justified? The Court of Appeals [...]

    Court: New Mexico Supreme Court Docket: 25,806
  17. State v. Alberico (1993)

    In this opinion, we address the subject of the admissibility of expert opinion testimony regarding alleged victims of sexual abuse who suffer from post traumatic stress disorder. As a necessary sub-issue, we must also discuss in general the admissibility of scientific evidence by way of expert opinion testimony under our Rules of Evidence.


    Court: New Mexico Supreme Court Docket: 20282, 20357
  18. Roth v. Thompson (1992)

    In this appeal we consider the statutory proviso that contractors comply with licensing requirements as a prerequisite to utilizing the courts to file or foreclose mechanic's liens. Plaintiff Roth was the qualifying party for a GS-30 license held by Rocky Mountain Plastering until January 1982, at which time he was deleted as the qualifying party and the license expired. A GS-30 license holder may perform plastering, stuccoing, and lathing services.


    Court: New Mexico Supreme Court Docket: 19708
  19. State v. Garcia (1992)

    No New Mexico case reviewing a deliberate intention first degree murder conviction has ever held that the evidence did not support a deliberate murder but instead supported no more than a nondeliberate or impulsive second degree murder.

    Court: New Mexico Supreme Court Docket: 19806
  20. State v. Duffy (1998)

    {1} Shawn Matthew Duffy appeals from his convictions of the first-degree felony murder of Elizabeth Somerville, robbery with an old-age enhancement, and tampering with evidence. Duffy raises six issues on appeal. We conclude that Duffy's right to be protected from double jeopardy was violated by his convictions for both felony murder and robbery; that the robbery was a proper predicate felony to the felony murder; that, under the doctrine of cumulative error, Duffy was not denied a fair trial [...]

    Court: New Mexico Supreme Court Docket: 22667

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