OPINION DANIELS, Chief Justice. {1} This case is before us on certification from the United States District Court for the District of New Mexico to answer two questions on whether the New Mexico Department of Labor's 1 Charge of Discrimination form fairly and adequately allows a claimant to exhaust administrative remedies and preserve the right to pursue judicial remedies for individual liability claims under the New Mexico Human Rights Act (NMHRA), NMSA 1978, Sections 28-1-1 to -14 (...
OPINION DANIELS, Chief Justice. {1} Timothy Allen appeals the district court's dismissal with prejudice of his petition for writ of habeas corpus alleging ineffective assistance of counsel in connection with his death sentence. The district court did not consider the merits of Allen's claims but instead dismissed the petition as a sanction for his refusal to answer court-ordered deposition questions, which Allen claimed violated his privilege against self-incrimination and attorney-client...
OPINION CH VEZ, Justice. I. INTRODUCTION {1} The New Mexico Legislature passed House Bill 59 during the 2011 legislative session. H.B. 59, 50th Leg., 1st Sess. (N.M. 2011) [hereinafter H.B. 59]. House Bill 59 sought to amend five different sections of the Unemployment Compensation Law (the Act), NMSA 1978, 51-1-1 to -59 (1936, as amended through 2010), in order to address the impending insolvency in the unemployment compensation fund. In addition to reducing benefits to the unemployed,...
OPINION MAES, Justice. {1} In the General Appropriation Act of 2011, the Legislature appropriated $150,000 to the Department of Finance and Administration "[f]or disbursement to the New Mexico mortgage finance authority to carry out the responsibilities, duties and provisions of the regional housing law." On April 8, 2011, the Governor signed the General Appropriation Act of 2011; however, the Governor struck the "1" from the $150,000 appropriated by the Legislature to the Department of...
OPINION EDWARD L. CHAVEZ, Justice. I. INTRODUCTION {1} The New Mexico Legislature passed House Bill 59 during the 2011 legislative session. H.B. 59, 50th Leg., 1st Sess. (N.M. 2011) [hereinafter H.B. 59]. House Bill 59 sought to amend five different sections of the Unemployment Compensation Law (the Act), NMSA 1978, 51-1-1 to -59 (1936, as amended through 2010), in order to address the impending insolvency in the unemployment compensation fund. In addition to reducing benefits to the...
OPINION DANIELS, Chief Justice. {1} This case is before us on certification from the United States District Court for the District of New Mexico to answer two questions on whether the New Mexico Department of Labor's 1 Charge of Discrimination form fairly and adequately allows a claimant to exhaust administrative remedies and preserve the right to pursue judicial remedies for individual liability claims under the New Mexico Human Rights Act (NMHRA), NMSA 1978, Sections 28-1-1 to -14 (1969,...
OPINION DANIELS, Chief Justice. {1} Timothy Allen appeals the district court's dismissal with prejudice of his petition for writ of habeas corpus alleging ineffective assistance of counsel in connection with his death sentence. The district court did not consider the merits of Allen's claims but instead dismissed the petition as a sanction for his refusal to answer court-ordered deposition questions, which Allen claimed violated his privilege against self-incrimination and attorney-client...
OPINION PER CURIAM. {1} Almost three years ago, a state district judge initiated a disciplinary complaint against attorney Dennis Montoya alleging numerous, serious ethical violations arising out of Montoya's legal representation of several clients in regard to an accidental death. Over time, that one disciplinary complaint became many, as several federal judges in separate proceedings publically reprimanded Montoya for numerous, well-documented ethical lapses. When considered as a whole,...
OPINION MAES, Justice. {1} Adriana Cabezuela (Defendant) directly appeals her conviction for intentional child abuse resulting in the death of her eight-month-old-daughter, contrary to NMSA 1978, Section 30-6-1(H) (2005), alleging that (1) the jury was improperly instructed as to the elements of intentional child abuse resulting in the death of a child under the age of twelve; (2) the State failed to present sufficient evidence from which the jury could have found beyond a reasonable doubt...
OPINION BOSSON, Justice. {1} In State v. Williamson, 2009-NMSC-039, 146 N.M. 488, 212 P.3d 376 , we advised district judges reviewing a search warrant after the fact to defer to the judgment and reasonable inferences of the judge who issued the warrant "if the affidavit provides a substantial basis to support a finding of probable cause." Id. 29. In the case before us, we once again review an order suppressing evidence obtained pursuant to a search warrant, and once again we emphasize...
OPINION MAES, Justice. {1} In the General Appropriation Act of 2011, the Legislature appropriated $150,000 to the Department of Finance and Administration "[f]or disbursement to the New Mexico mortgage finance authority to carry out the responsibilities, duties and provisions of the regional housing law." On April 8, 2011, the Governor signed the General Appropriation Act of 2011; however, the Governor struck the "1" from the $150,000 appropriated by the Legislature to the Department of...
OPINION CH VEZ, Justice. {1} Defendant Curtis Harper was indicted on fifteen counts of criminal sexual penetration of a child under the age of thirteen. During a docket call in December 2006, the district court learned for the first time that not all witness interviews had been conducted, including those of the alleged victim and the doctor who examined her. The district court rescheduled the trial for February 19, 2007, and verbally instructed the attorneys to complete the witness...
OPINION PER CURIAM. {1} Almost three years ago, a state district judge initiated a disciplinary complaint against attorney Dennis Montoya alleging numerous, serious ethical violations arising out of Montoya's legal representation of several clients in regard to an accidental death. Over time, that one disciplinary complaint became many, as several federal judges in separate proceedings publically reprimanded Montoya for numerous, well-documented ethical lapses. When considered as a whole,...
OPINION MAES, Justice. {1} This appeal involves the loss-of-consortium claim brought by Bill Wachocki (Bill), the adult brother of Jason Wachocki (Jason). Twenty-two-year-old Jason was killed when his vehicle was struck by a speeding van driven by Willie Hiley (Willie), a corrections officer at the Metropolitan Detention Center (jail). Bill argues his loss-of-consortium claim was improperly foreclosed by the application of the "mutual dependence" standard which was developed for spousal-...
OPINION MAES, Justice. {1} Adriana Cabezuela (Defendant) directly appeals her conviction for intentional child abuse resulting in the death of her eight-month-old-daughter, contrary to NMSA 1978, Section 30-6-1(H) (2005), alleging that (1) the jury was improperly instructed as to the elements of intentional child abuse resulting in the death of a child under the age of twelve; (2) the State failed to present sufficient evidence from which the jury could have found beyond a reasonable doubt...
This decision was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. DECISION MAES, Justice. Aubrey Savage (Defendant) was charged with first degree murder, contrary to NMSA 1978, Section 30-2-1(A)(1) (1994), and possession of a firearm by a felon, contrary to NMSA 1978, Section 30-7-16 (2001), in connection with the shooting death of Yurhonnd DeLoach (Victim) at the Elks Club in Hobbs, N.M. Defendant...
This decision was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. DECISION BOSSON, Justice. Following a jury trial, Defendant Phillip Busey was convicted of one count of first-degree murder, NMSA 1978, 30-2-1(A) (1994), two counts of criminal sexual penetration resulting in great bodily harm, NMSA 1978, 30-9-11(D) (2009), one count of kidnapping, NMSA 1978, 30-4-1 (2003), one count of...
OPINION BOSSON, Justice. {1} In State v. Williamson, 2009-NMSC-039, 146 N.M. 488, 212 P.3d 376 , we advised district judges reviewing a search warrant after the fact to defer to the judgment and reasonable inferences of the judge who issued the warrant "if the affidavit provides a substantial basis to support a finding of probable cause." Id. 29. In the case before us, we once again review an order suppressing evidence obtained pursuant to a search warrant, and once again we emphasize...
OPINION MAES, Justice. {1} This appeal involves the loss-of-consortium claim brought by Bill Wachocki (Bill), the adult brother of Jason Wachocki (Jason). Twenty-two-year-old Jason was killed when his vehicle was struck by a speeding van driven by Willie Hiley (Willie), a corrections officer at the Metropolitan Detention Center (jail). Bill argues his loss-of-consortium claim was improperly foreclosed by the application of the "mutual dependence" standard which was developed for spousal-...
OPINION BOSSON, Justice. {1} Defendant was convicted of issuing payroll checks with insufficient funds to cover them. Because the worthless checks were issued a week after the last day of the pay period, the Court of Appeals reversed the convictions, relying on previous opinions of our respective courts to conclude that the Worthless Check Act ("the modern Act"), NMSA 1978, 30-36-1 to -10 (1963, as amended through 1984), applies only to a "contemporaneous exchange" and not to pre-...
