Justia New Mexico Supreme Court Opinion Summaries
Articles Posted in New Mexico Supreme Court
Rodriguez v. Permian Drilling Corp.
Through its opinion in this case, the Supreme Court addressed an exception in the New Mexico Workers' Compensation Act (the Act) that permitted compensation for injuries incurred in travel by employees when those injuries "[arose] out of and in the course of employment." Eloy Doporto, Jr., Mike Lucas, Jose Turrubiates, and Pete Rodriguez (collectively, the Workers), employed by Permian Drilling Corporation (Permian) and insured by American Home Assurance, were involved in an automobile accident while traveling to their work site, resulting in the death of Doporto and injuries to the others. Upon review, the Supreme Court concluded that the injuries suffered by the Workers arose out of and in the course of their employment because the travel was mutually beneficial to employees and employer and the Workers encountered special hazards unique to their employment while traveling, thus rendering the Workers "traveling employees" whose injuries are compensable under the Act. View "Rodriguez v. Permian Drilling Corp." on Justia Law
Concha v. Sanchez
This case came before the Supreme Court on a petition invoking its emergency original jurisdiction to review the indefinite detention of thirty-two courtroom spectators (Petitioners) who had all been summarily ordered to jail for contempt of court by Respondent Judge Sam Sanchez after a contentious hearing evolved into a courtroom disruption created by some, but not all, of the Petitioners. The events that took place immediately after Respondent recessed the court were preserved in a digital audio recording. The noise level in the courtroom increased as the voices of the defendant and some of the spectators became louder. Thirty-nine seconds after the bailiff first told the crowd to rise and while audible statements were still being made, Respondent yelled, "That's enough! I'll hold every one of you in contempt and jail you all!" Upon review of the trial record, the Court found that the record reflects that whoever had been acting in any disruptive or disobedient manner had ceased doing so immediately upon Respondent's oral pronouncement that he was sending everyone to jail. "Petitioners clearly were jailed for the past behavior of one or more of them and not as a coercive measure to stop any continuing disorderly or disobedient behavior. Respondent lawfully could have initiated indirect contempt proceedings against those individuals whom he had reason to believe were participating in disruptive or defiant conduct, but he was required to honor the procedures of the law and the limits of constitutional due process." In this case, the Court concluded he "utterly" failed to do so. The Court held that Respondent's convictions and jail sentences of Petitioners were an unlawful abuse of judicial power requiring the Court's order that Petitioners be released from jail and that their criminal contempt convictions be vacated. View "Concha v. Sanchez" on Justia Law
TW Telecom of New Mexico v. New Mexico Public Regulation Comm’n
Appellant TW Telecom of New Mexico (TW Telecom) appealed a final order issued by the New Mexico Public Regulation Commission (PRC) in "In the Matter of the Development of an Alternative Form of Regulation Plan for Qwest Corporation" (AFOR III Final Order). TW Telecom claimed that the PRC (1) adopted certain conclusions from a previous final order, lacking justification in the AFOR III record; (2) deregulated Qwest Corporation's (Qwest) rates in violation of the New Mexico Telecommunications Act and the separation of powers doctrine in the New Mexico Constitution; and (3) deprived TW Telecom of proper due process. The claims raised in this appeal involved three cases before the PRC that concerned the development of various alternative forms of regulation plans issued by the PRC, and Qwest's compliance with the terms and conditions therein. The cases addressed various issues, including pricing provisions and detailed requirements for the filing of tariff changes, tariffs for new services, promotional offerings, packaged services, and individual contracts for services. Upon review, the Supreme Court annulled and vacated AFOR III Final Order and remanded the case back to the PRC for further proceedings. The Court concluded that the PRC indeed violated TW Telecom's due process because it adopted conclusions from a previous proceeding without affording the parties an opportunity to be heard. The Court did not address TW Telecom's second claim.
View "TW Telecom of New Mexico v. New Mexico Public Regulation Comm'n" on Justia Law
New Mexico v. Myers
Defendant Ronald Myers was convicted on seven counts under the Sexual Exploitation of Children Act (the Act) for covertly videotaping two female minors while they used the bathroom in a government office in 2004. Defendant was convicted under that portion of the Act which prohibits the intentional "manufactur[ing of] any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age.'" Defendant appealed the convictions claiming that the images did not depict a "prohibited sexual act" and were not "obscene." The Court of Appeals reversed Defendant's convictions. Of the five prohibited sexual acts defined in the Act, the one at issue was "a lewd and sexually explicit exhibition with a focus on the genitals or pubic area of any person for the purpose of sexual stimulation.'" The Court of Appeals concluded that the videotaped images did not depict a "prohibited sexual act" because the images were neither "lewd and sexually explicit" nor manufactured "for the purpose of sexual stimulation" within the meaning of the Act. The State petitioned for certiorari, and the Supreme Court reversed. The Court remanded Defendant's appeal for the Court of Appeals to consider two remaining issues raised by the parties in the initial appeal that the appellate court had not yet addressed: (1) "whether the Act is void for vagueness as applied to Defendant's conduct," and (2) "whether the trial court properly entered a stay of execution that relieved Defendant of the obligation to register as a sex offender [under SORNA] pending the outcome of this appeal." Upon second review of Defendant's case, the Supreme Court once again affirmed the result of the trial below, and held that trial judges have neither the power nor the discretion to stay the application of the Sex Offender Registration and Notification Act (SORNA) pending the outcome of an appeal. In affirming Defendant's convictions, the Court reversed a second opinion of the Court of Appeals. The Court concluded that the Court of Appeals misapprehended both the Court's opinion and the law relative to retroactive application of judicial decisions. Accordingly, the Supreme Court reversed and remanded the case to the district court for further proceedings to enforce Defendant's convictions. View "New Mexico v. Myers " on Justia Law
Mendoza v. Tamaya Enters, Inc.
Siblings Michael and Desiree Mendoza attended a wedding reception at the Santa Ana Star Casino operated by Petitioner, Tamaya Enterprises, Inc. (the Casino), where they were served alcoholic beverages and became intoxicated. Casino employees continued to serve Michael and Desiree alcohol despite their apparent intoxication. Michael and Desiree left the Casino and were killed when their vehicle left the roadway and rolled over. Suit was filed in state court against the Casino claiming that the Casino's delivery of alcohol to Michael and Desiree while they were obviously intoxicated was in violation of state law and proximately caused their deaths. The Casino sought to dismiss the suit, claiming the state court lacked jurisdiction over a dram shop action where the tavernkeeper's duty not to serve alcohol to an intoxicated person is imposed by tribal law, not state law, and where the tribal law contains a provision reserving exclusive jurisdiction to the tribal courts. The Court of Appeals issued an opinion reversing the district court's dismissal of the complaint and remanded for further proceedings. In this appeal, the Supreme Court addressed a question of state court jurisdiction in a dram shop action brought under the Tribal-State Class III Gaming Compact (the Compact), negotiated between the State of New Mexico and the Pueblo of Santa Ana pursuant to the Indian Gaming Regulatory Act of 1988. There was a conflict between Section 8 of the Compact which provides for state court jurisdiction where a casino visitor has been injured by the conduct of a casino, and Section 191 of the Pueblo of Santa Ana Liquor Ordinance, which reserves exclusive jurisdiction to tribal courts. Upon review of the applicable legal authority, the Supreme Court concluded that New Mexico state courts properly exercise jurisdiction over casino visitors' personal injury claims pursuant to the Compact. The second issue concerns the two types of common law dram shop claims: claims brought by third parties injured by the conduct of the intoxicated patron against a tavernkeeper (third-party claims) and claims brought by the intoxicated patron against the tavernkeeper to recover for his own injuries (patron claims). The Court considered the status of such common law claims following the codification of dram shop liability in the Liquor Control Act. Due to the explicit language contained in the act that limits its application to taverns licensed under New Mexico law, the Court held that the Act was not intended to preempt all common law claims. Accordingly, because the Act does not preempt all common law claims, the common law recognizes an action by a third party against a tavernkeeper for over service of alcohol. Therefore, the Court affirmed the result reached by the Court of Appeals and remanded the case back to the district court for further proceedings.
View "Mendoza v. Tamaya Enters, Inc." on Justia Law
New Mexico v. Gallegos
In this first-degree murder case, the Supreme Court affirmed Defendant Lawrence Gallegos' convictions for murder, aggravated arson and conspiracy to commit murder. The Court found, however, that Defendant's convictions for two other conspiracies violated constitutional principles against double jeopardy. In so doing, the Court applied an analysis of double jeopardy jurisprudence to multiple conspiracy convictions. In the course of that analysis, the Court clarified existing case law and set a new course for the future application of double jeopardy principles to multiple conspiracy convictions.
View "New Mexico v. Gallegos" on Justia Law
New Mexico v. Williams
The Supreme Court granted certiorari to resolve the question of whether the Fourth Amendment prohibits an under-clothing search as part of a search incident to arrest when the arresting officer has reason to suspect that the person arrested is concealing a weapon or contraband under his or her clothing. The State appealed the holding of the Court of Appeals that the roadside search of Defendant Terry Williams, incident to his arrest on an outstanding felony warrant, violated the Fourth Amendment. The Court concluded the officer had reasonable suspicion to conduct an under-clothing search and the search was reasonable under the Fourth Amendment.
View "New Mexico v. Williams" on Justia Law
New Mexico v. Ramirez
The crux of this appeal is whether Defendant Albert Ramirez knowingly, intelligently, and voluntarily entered into his plea agreement with the State of New Mexico. At his plea hearing, Defendant expressed confusion about sentencing, the premeditation element of his first-degree murder charge and culpability for his assault and battery charges. Apparently recognizing Defendant's hesitation and confusion, the prosecutor asked the district court to inquire further on the record whether Defendant understood the plea and that he was "willfully" entering into the plea agreement. Although the district court acknowledged the need to do so, the court failed to adequately confirm on the record Defendant's understanding of the plea and its consequences as required by New Mexico law. Accordingly, the Supreme Court reversed and remanded the case to allow Defendant to withdraw his plea.
View "New Mexico v. Ramirez" on Justia Law
In re Robert Schwartz
The willful judicial misconduct at issue in this case arose by Judge Robert Schwartz's untimely recusal after initiating a romantic relationship with an assistant public defender that had cases pending before him and making dishonest statements from the bench concerning his reasons for recusing. In the spring of 2009, a female assistant public defender regularly appeared in his courtroom. Although Judge Schwartz doubted that a romantic relationship would develop given the difference in their ages, he was open to the possibility. At some point during a lunch with the assistant public defender, Judge Schwartz gave the assistant public defender a gift of a pair of purple latex gloves and a book written by an author with the same name as Judge Schwartz entitled "The One Hour Orgasm." The gift was intended by Judge Schwartz and understood by the assistant public defender to be a self-deprecating joke because the author and Judge Schwartz shared the same name. Before he became a judge, Judge Schwartz had given this book to others, whose common reaction was to burst out laughing. When the assistant public defender returned to work, she showed her supervisor the joke gift. After Judge Schwartz announced that he would recuse in two of the assistant public defender's cases, he provided dishonest reasons for his recusal and entered rulings in those cases. There was no evidence of any adverse impact on these cases from the recusals. Both cases were resolved in a timely manner. The relationship with the assistant public defender ended, and following a trial in August 2009, Judge Schwartz took voluntary medical leave while the Ethics Commission obtained an independent medical examination of his condition. The Commission found that although his reasons for recusal were not credible, Judge Schwartz had been forthcoming and candid with the Commission, apologized for his conduct, and expressed a desire and willingness to learn from his mistakes. Based on these facts, the Commission concluded that Judge Schwartz violated ethics rules. The Judge challenged the Commission's findings to the Supreme Court. The Court adopted the Commission's recommendation that Judge Schwartz receive a formal reprimand. The Court also adopted the recommendations that he take appropriate leave during any future transitions in medical treatment, and that he receive training on the nature of sexual harassment. The Court rejected the Commission's recommendations that Judge Schwartz be suspended without pay and, instead, ordered him to pay a $6,000 fine. View "In re Robert Schwartz" on Justia Law
New Mexico v. Gutierrez
Sixteen-year-old Defendant Oden Gutierrez confessed to shooting and killing Thomas Powell in Powell's home and stealing his car. Defendant was charged by criminal information with an open charge of murder, aggravated burglary, armed robbery for stealing a car while armed with a deadly weapon, and unlawful taking of a motor vehicle. A jury found him guilty on all counts and he was sentenced to life in prison plus nineteen and one-half years. Defendant appealed his sentence. He raised several issues which fell into four categories: (1) the suppression of evidence pertaining to his confession; (2) change of venue due to prejudicial pre-trial publicity; (3) a double jeopardy violation for his convictions of both armed robbery and the unlawful taking of a motor vehicle; and (4) an unlawful sentence based on constitutional grounds, mainly that a life sentence was cruel and unusual punishment for a youthful offender. Upon careful consideration of Defendant's arguments, the trial record, and the applicable legal authority, the Supreme Court reversed Defendant's sentence and remanded the case for re-sentencing with instructions that a pre-sentence report be prepared. The Court also vacated Defendant's conviction for unlawful taking of a motor vehicle because it violated the proscription against double jeopardy in this case. The Court affirmed the district court on all other issues.
View "New Mexico v. Gutierrez" on Justia Law