DE LEON v. HARTLEY, 316 P.3d 896 (2013)

OPINION BOSSON, Justice. {1} On the eve of his trial, Defendant petitioned this Court for a writ of superintending control that would direct the district court to quash his indictment because of irregularities in the selection of his grand jury. Agreeing with Petitioner that the integrity of the grand jury process was undermined by the manner in which grand jurors had been selected in this case, we issued a writ of superintending control directing the district court to quash the indictment...

STATE v. BARNEY, 33 (2013)

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 Please see Rule 12-405 NMRA for restrictions on the citation of non-precedential dispositions.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. DECISION BARBARA J. VIGIL, Justice. {1} On May 29, 2010, in Taos, New Mexico, one year old Landon Barney (Baby Landon) died from a single stab wound to...

ALBUQUERQUE CAB v. PUBLIC REGULATION COM'N, 317 P.3d 837 (2013)

OPINION BOSSON, Justice. {1} The New Mexico Public Regulation Commission (PRC) granted Green Cab, LLC d/b/a Green Cab Co., (Green Cab) a certificate of authority to provide taxi service within Bernalillo County and to the rest of the state. Albuquerque Cab Co. (ABQ Cab) and Yellow Checker Cab (Yellow Cab), presently doing business in Bernalillo County, appeal under this Court's jurisdiction pursuant to the Motor Carrier Act and our Rules of Appellate Procedure. See NMSA 1978, 65-2A-35(A)...

STATE v. SISNEROS, 33 (2013)

STATE v. MILLER, 33 (2013)

GRIEGO v. OLIVER, 316 P.3d 865 (2013)

OPINION CH VEZ, Justice. {1} "All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness." N.M. Const. art. II, 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisions known as the New Mexico Bill of Rights, which include the right to bear...

BARTLETT v. CAMERON, 316 P.3d 889 (2013)

OPINION BOSSON, Justice. {1} Petitioners are retired teachers, professors and other public education employees (collectively, Retirees) who seek a writ of mandamus against the New Mexico Education Retirement Board (ERB), which administers their retirement plan under the Educational Retirement Act (ERA). See NMSA 1978, 22-11-6 (2011) (describing the powers and duties of the ERB); see also NMSA 1978, 22-11-11 to -15 (2011) (describing the educational retirement fund). Retirees seek to...

STATE v. JETER, 33 (2013)

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. DECISION CH VEZ, Justice. { 1} Defendant Jonah Jeter is charged with the first degree murder of Oliver Yazzie in violation of NMSA 1978, Section 30-2-...

STATE v. GUTIERREZ, 33 (2013)

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 unpublished decisions. 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 and does not include the filing date. DISPOSITIONAL ORDER OF AFFIRMANCE { 1} This direct appeal having come before the Supreme Court from an Eleventh Judicial...

STATE v. ALMANZAR, 316 P.3d 183 (2013)

OPINION VIGIL, Justice. {1} In this case we address whether the phrase "at the scene" in NMSA 1978, Section 31-1-7(A) (1995) authorizes law enforcement officers to make a warrantless arrest for domestic violence beyond the precise geographic location where the disturbance occurred. In this case, Daniel Almanzar ("Defendant") was arrested without a warrant across the street from where he allegedly battered his girlfriend ("Victim"). When the police searched Defendant pursuant to his arrest,...

STATE v. SISNEROS, 314 P.3d 665 (2013)

OPINION BOSSON, Justice. {1} On April 13, 2011, a jury convicted Defendant Christopher Sisneros of first-degree murder, felony murder, shooting from a motor vehicle resulting in great bodily harm, and aggravated fleeing from a law enforcement officer. Sentenced to life imprisonment plus sixteen and one-half years, Defendant appeals his conviction directly to this Court pursuant to Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1) NMRA. {2} For the following...

STATE v. MILLER, 314 P.3d 655 (2013)

OPINION VIGIL, Justice. {1} We issued a writ of certiorari to review the Court of Appeals' decision that the district court's sentence of Defendant Andrew Miller violated the terms of a plea agreement that the district court had accepted. We agree with the Court of Appeals that his sentence violates the plea agreement. However, we disagree with the remedy that the Court of Appeals ordered and clarify our case law on this account. Accordingly, we reverse the Court of Appeals and remand to the...

STATE v. BENAVIDEZ, 33 (2013)

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 unpublished decisions. 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 and does not include the filing date. DECISION BARBARA J. VIGIL, Justice. { 1} On September 25, 2009, Louis Benavidez (Defendant) drove to the home of Kevin...

STATE v. MENCHACA, 290. (2013)

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 unpublished decisions. 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 and does not include the filing date. DECISION EDWARD L. CH VEZ, Justice. {1} Moises Menchaca appeals directly to this Court from a life sentence stemming from...

STATE v. LOPEZ, 314 P.3d 236 (2013)

OPINION DANIELS, Justice. {1} Defendant's motion for rehearing is granted. The opinion filed on August 29, 2013, is withdrawn and the following opinion, which further clarifies the scope of our holding regarding the only issue presented to the Court — whether the constitutional right of confrontation applies at a preliminary examination — is substituted in its place. {2} Under Article II, Section 14 of the New Mexico Constitution, a defendant may not be brought to trial for a serious...

STATE v. LOPEZ, 33 (2013)

OPINION DANIELS, Justice. {1} Defendant's motion for rehearing is granted. The opinion filed on August 29, 2013, is withdrawn and the following opinion, which further clarifies the scope of our holding regarding the only issue presented to the Court—whether the constitutional right of confrontation applies at a preliminary examination—is substituted in its place. {2} Under Article II, Section 14 of the New Mexico Constitution, a defendant may not be brought to trial for a serious criminal...

NEW MEXICO ATTY. GEN. v. PUBLIC REGULATION, 309 P.3d 89 (2013)

OPINION DANIELS, Justice. {1} This case addresses whether in determining public utility electricity rates the New Mexico Public Regulation Commission (PRC) has authority to consider expenses incurred by a public utility for energy efficiency programs. Appellants, the New Mexico Attorney General and New Mexico Industrial Energy Consumers, ask us to vacate and annul the final order in PRC Case No. 11-00308-UT (Case 308 Final Order) because it permits Public Service Company of New Mexico (PNM)...

QUALITY AUTOMOTIVE CENTER, LLC v. ARRIETA, 309 P.3d 80 (2013)

OPINION VIGIL, Justice. I. INTRODUCTION {1} The narrow question in this case, presented to the Court by petition for writ of mandamus, is whether a district court judge has the authority to determine whether one of the named parties to a case pending before him is entitled to exercise an independent peremptory excusal filed against him. We answer this question affirmatively and hold that under Rule 1-088.1 NMRA, which provides the procedural mechanism for exercising a peremptory excusal, a...

STATE v. SUSKIEWICH, 339 P.3d 614 (2013)

DECISION CH VEZ , Justice . {1} The district court granted Defendant Charles Suskiewich's motion to suppress evidence. The State is permitted by both statute and procedural rule to appeal a district court order suppressing evidence within ten days after the order is filed. See NMSA 1978, 39-3-3(B)(2) (1972); Rule 12-201(A)(1) NMRA. The State may also ask the district court to reconsider its ruling. In this case, we discuss the procedure for the State to seek (1) a district court's...

ENCINIAS v. WHITENER LAW FIRM, P.A., 310 P.3d 611 (2013)

OPINION CH VEZ, Justice. {1} This case concerns an action for legal malpractice based on the defendant law firm's failure to file suit within the statute of limitations. The viability of the malpractice suit hinges on whether the underlying cause of action, a claim against a school district for injuries inflicted on one student by another, would have been barred by sovereign immunity or permitted by the Tort Claims Act (TCA), NMSA 1978, 41-4-1 to -30 (1953, as amended through 2013). We...