This decision of the Supreme Court of New Mexico was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Supreme Court. DISPOSITIONAL ORDER OF AFFIRMANCE {1} WHEREAS, this matter having come before the Court upon the State's appeal of an order suppressing evidence pursuant to...
DISPOSITIONAL ORDER OF REVERSAL This decision was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of non-precedential dispositions. Please also note that this electronic decision may contain computer-generated errors or other deviations from the official paper version filed by the Supreme Court. BACON , Justice . {1} The State appeals from an order granting Defendant Nicholas Ortiz's motion for a new trial and...
OPINION CHARLES W. DANIELS , Justice . {1} In this case we address whether a court may dismiss an indictment because evidence considered by the grand jury had been developed through use of unlawful subpoenas. We confirm almost a century of judicial precedents in New Mexico and hold that, absent statutory authorization, a court may not overturn an otherwise lawful grand jury indictment because of trial inadmissibility or improprieties in the procurement of evidence that was considered by...
OPINION JUDITH K. NAKAMURA , Chief Justice . {1} In September 2013, the New Mexico Water Quality Control Commission (the Commission) adopted the Copper Mine Rule, 20.6.7 NMAC (Copper Rule). Petitioners argue that the Copper Rule violates the Water Quality Act (WQA), NMSA 1978, 74-6-1 to -17 (1967, as amended through 2013) because it is premised on an impermissible construction of the statutory phrase "place of withdrawal of water for present or reasonably foreseeable future use."...
OPINION PETRA JIMENEZ MAES , Justice . { 1} Paul W. Fairchild Jr. asked the district court to grant summary judgment on his cross-claims against Defendants Richard H. Love and R.H. Love Galleries, Inc. (collectively Love) on the ground that Love failed to timely file a response to Fairchild's motion for summary judgment and was therefore "in default." Love, whose counsel had withdrawn while the motion was pending, explained that he lacked legal representation and had been experiencing...
OPINION CHARLES W. DANIELS , Justice . {1} New Mexico's Inspection of Public Records Act, NMSA 1978, 14-2-1 to -12 (1947, as amended through 2013) (IPRA), was enacted to provide the public with broad access to public records reflecting "the affairs of government and the official acts of public officers and employees." Section 14-2-5. {2} In this superintending control proceeding arising from an IPRA action filed in one district court seeking an order for disclosure of records...
OPINION PETRA JIMENEZ MAES , Justice . {1} This case arises from a dispute between insureds, Nancy Colleen Vigil and her stepson Martin Vigil, and their insurance company, Progressive Casualty Insurance Company, as to whether the Vigils' policy was in force at the time of a November 4, 2002, car accident. The parties' dispute has thus far been the subject of two jury trials and two appeals to the Court of Appeals. See Progressive Cas. Ins. Co. v. Vigil, 2015-NMCA-031, 345 P.3d 1096 (...
OPINION BARBARA J. VIGIL , Justice . I. INTRODUCTION {1} In this case we reexamine a juvenile's right to be free from self-incrimination, as secured by the Fifth Amendment of the United States Constitution and the Basic Rights provision under the Delinquency Act of the Children's Code, NMSA 1978, Section 32A-2-14 (2009). The State appeals the suppression of two statements made by sixteen-year-old Filemon V. {2} Filemon made the first statement to his probation officers. We hold that,...
OPINION NAKAMURA , Chief Justice . {1} In September 2013, the New Mexico Water Quality Control Commission (the Commission) adopted the Copper Mine Rule, 20.6.7 NMAC (Copper Rule). Petitioners argue that the Copper Rule violates the Water Quality Act (WQA), NMSA 1978, 74-6-1 to -17 (1967, as amended through 2013) because it is premised on an impermissible construction of the statutory phrase "place of withdrawal of water for present or reasonably foreseeable future use." Section 74-6-5(...
OPINION DANIELS , Justice . {1} New Mexico's Inspection of Public Records Act, NMSA 1978, 14-2-1 to -12 (1947, as amended through 2013) (IPRA), was enacted to provide the public with broad access to public records reflecting "the affairs of government and the official acts of public officers and employees." Section 14-2-5. {2} In this superintending control proceeding arising from an IPRA action filed in one district court seeking an order for disclosure of records directed to...
OPINION MAES , Justice . {1} Paul W. Fairchild Jr. asked the district court to grant summary judgment on his cross-claims against Defendants Richard H. Love and R.H. Love Galleries, Inc. (collectively Love) on the ground that Love failed to timely file a response to Fairchild's motion for summary judgment and was therefore "in default." Love, whose counsel had withdrawn while the motion was pending, explained that he lacked legal representation and had been experiencing health problems,...
OPINION CHARLES W. DANIELS , Justice . {1} One of the most significant new tools provided to the New Mexico criminal justice system as a result of the amendment to the bail provisions in Article II, Section 13 of the New Mexico Constitution, approved by the New Mexico Legislature in February 2016 and passed by New Mexico voters in the November 2016 general election, is the judicial authority to deny pretrial release—for any amount of money—if a prosecutor shows by clear and convincing...
OPINION MAES , Justice . {1} This case arises from a dispute between insureds, Nancy Colleen Vigil and her stepson Martin Vigil, and their insurance company, Progressive Casualty Insurance Company, as to whether the Vigils' policy was in force at the time of a November 4, 2002, car accident. The parties' dispute has thus far been the subject of two jury trials and two appeals to the Court of Appeals. See Progressive Cas. Ins. Co. v. Vigil, 2015-NMCA-031, 345 P.3d 1096 ( Progressive II...
VIGIL , Justice . OPINION I. INTRODUCTION {1} In this case we reexamine a juvenile's right to be free from self-incrimination, as secured by the Fifth Amendment of the United States Constitution and the Basic Rights provision under the Delinquency Act of the Children's Code, NMSA 1978, Section 32A-2-14 (2009). The State appeals the suppression of two statements made by sixteen-year-old Filemon V. {2} Filemon made the first statement to his probation officers. We hold that, absent a...
OPINION CH VEZ , Justice . {1} The State filed a Motion for Pretrial Detention in this case involving a charge of first-degree murder, which was denied by the district court judge after an evidentiary hearing. The State appealed to this Court pursuant to Rule 12-204(C) NMRA and consistent with State v. Smallwood, 2007-NMSC-005, 11, 141 N.M. 178 , 152 P.3d 821 (holding that "the legislature intended for [the Supreme Court] to have jurisdiction over interlocutory appeals in...
OPINION CHARLES W. DANIELS , Justice . {1} This is a direct appeal from a final order of the New Mexico Public Regulation Commission (PRC) granting a taxicab certificate to Q Cab for a new taxicab service in Albuquerque. This Court consolidated two separate appeals of that order by two preexisting Bernalillo County taxicab companies, Albuquerque Cab Company (Albuquerque Cab) and Yellow-Checker Cab Company (Yellow Cab). {2} This case came before the PRC under recently amended portions of...
OPINION DANIELS , Justice . {1} Article VIII, Section 1(A) of the New Mexico Constitution sets forth a general mandate that all property of the same class must be taxed in an "equal and uniform" manner, while Section 3 exempts from taxation property that is, among other exempt categories, "used for . . . charitable purposes." In 2008, the New Mexico Legislature created a new tax exemption for a continuing care community defined under the Continuing Care Act, NMSA 1978, 24-17-1 to -18 (...
OPINION MAES , Justice . {1} Article VII, Sections 1 and 3 of the New Mexico Constitution set forth the elective franchise, which is among the most precious rights in a democracy. The two provisions work in tandem to establish and guarantee the right to vote. Section 1, among other things, identifies who is qualified to vote; and Section 3 protects the right from being "restricted, abridged or impaired on account of religion, race, language or color, or inability to speak, read or write...
OPINION CHARLES W. DANIELS , Justice . {1} This is a direct appeal from a final order of the New Mexico Public Regulation Commission (PRC) granting a taxicab certificate to Q Cab for a new taxicab service in Albuquerque. This Court consolidated two separate appeals of that order by two preexisting Bernalillo County taxicab companies, Albuquerque Cab Company (Albuquerque Cab) and Yellow-Checker Cab Company (Yellow Cab). {2} This case came before the PRC under recently amended portions of...
OPINION DANIELS , Justice . {1} Article VIII, Section 1(A) of the New Mexico Constitution sets forth a general mandate that all property of the same class must be taxed in an "equal and uniform" manner, while Section 3 exempts from taxation property that is, among other exempt categories, "used for ... charitable purposes." In 2008, the New Mexico Legislature created a new tax exemption for a continuing care community defined under the Continuing Care Act, NMSA 1978, 24-17-1 to -18 (...
