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 (...
OPINION PETRA JIMENEZ 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,...
OPINION CH VEZ , Justice . {1} May the minor children of a parent whom they allege was wrongfully shot and killed by a law enforcement officer (1) sue for loss of consortium damages under the New Mexico Tort Claims Act (TCA), NMSA 1978, 41-4-1 to -30 (1976, as amended through 2015), and (2) bring their lawsuit even if the parent's estate did not sue for wrongful death damages We answer "yes" to both questions for the following reasons. First, Section 41-4-12 of the TCA waives a law...
OPINION EDWARD L. CH VEZ , Justice . {1} May the minor children of a parent whom they allege was wrongfully shot and killed by a law enforcement officer (1) sue for loss of consortium damages under the New Mexico Tort Claims Act (TCA), NMSA 1978, 41-4-1 to -30 (1976, as amended through 2015), and (2) bring their lawsuit even if the parent's estate did not sue for wrongful death damages We answer "yes" to both questions for the following reasons. First, Section 41-4-12 of the TCA...
OPINION JUDITH K. NAKAMURA , Justice . {1} In this case, we clarify the circumstances under which a court may permissibly exclude a witness as a discovery sanction. The district court issued clear, unambiguous, and reasonable discovery orders to ensure that the parties would be prepared to try Defendant Ashley Le Mier's case in a timely fashion. The State failed to comply with these orders, and the district court excluded one of the State's essential witnesses as a sanction. The State...
OPINION CH VEZ , Justice . {1} At approximately 3:40 a.m., with a police officer in pursuit, Defendant Trevor Merhege ran through the front yard of a private residence that was enclosed by a three foot high wall. He became entangled on a chain link fence as he attempted to jump over an adjoining fence into the back yard of the residence. He was convicted of criminal trespass. Because the property was not posted, the State was required to prove that Merhege knew that he was not...
OPINION EDWARD L. CH VEZ , Justice . { 1} Petitioner David Crum is a resident of Albuquerque, Bernalillo County, New Mexico and is registered to vote in New Mexico as a qualified voter who declines to designate or state his political party affiliation (DTS). He sought to vote during the 2014 primary election by selecting either a Democratic or a Republican ballot without having to amend his voter registration. Crum was not permitted to vote during the June 3, 2014 primary election...
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. DISPOSITIONAL ORDER OF AFFIRMANCE BARBARA J. VIGIL , Justice . {1} This matter having come before the Court by way of Certification from the Court...
OPINION CH VEZ , Justice . {1} Defendant Marcos Suazo became agitated while roughhousing with his friend Matthew Vigil. Suazo retrieved his shotgun and pointed it at Vigil. Vigil grabbed the shotgun and placed the barrel in his mouth. Suazo pulled the trigger, killing Vigil and severely injuring his friend Roger Gage, who was standing behind Vigil. A key contested issue in this case was whether Suazo knew the shotgun was loaded when he pulled the trigger. {2} Two potentially reversible...
OPINION JUDITH K. NAKAMURA , Justice . {1} The question before this Court is whether a magistrate court had jurisdiction to revoke probation when a defendant violated the terms of probation and was in bench-warrant status when the defendant's original probationary period expired. We hold that NMSA 1978, Section 31-20-8 (1977), does not deprive a magistrate court of jurisdiction to revoke a defendant's probation under these circumstances. Accordingly, we reverse the judgment of the Court...
OPINION CH VEZ , Justice . {1} Can a New Mexico resident who has been injured by the negligence of a state-employed Texas surgeon name that surgeon as a defendant in a New Mexico lawsuit when Texas sovereign immunity laws would require that the lawsuit be dismissed The answer to this question implicates principles of interstate comity, an issue that we have previously examined in Sam v. Sam, 2006-NMSC-022, 139 N.M. 474 , 134 P.3d 761 . Sam set forth guidelines for a court to assess...
OPINION NAKAMURA , Justice . {1} A court-appointed psychologist evaluated Defendant, Desiree Linares, and recommended that she be found incompetent to stand trial due to mental retardation. 1 See NMSA 1978, 31-9-1.6 (1999). The State doubted the court-appointed psychologist's testing methodology and conclusions and requested an opportunity to conduct an independent evaluation utilizing its own expert. The district court granted this request, but because Linares had filed a speedy-...
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} Deseree Gonzales was stopped by Officer Curtis Curran because she was traveling approximately 95 mph in a 60 mph...
OPINION CH VEZ , Justice . {1} Petitioner David Crum is a resident of Albuquerque, Bernalillo County, New Mexico and is registered to vote in New Mexico as a qualified voter who declines to designate or state his political party affiliation (DTS). He sought to vote during the 2014 primary election by selecting either a Democratic or a Republican ballot without having to amend his voter registration. Crum was not permitted to vote during the June 3, 2014 primary election because he was not...
OPINION CH VEZ , Justice . {1} Defendant Marcos Suazo became agitated while roughhousing with his friend Matthew Vigil. Suazo retrieved his shotgun and pointed it at Vigil. Vigil grabbed the shotgun and placed the barrel in his mouth. Suazo pulled the trigger, killing Vigil and severely injuring his friend Roger Gage, who was standing behind Vigil. A key contested issue in this case was whether Suazo knew the shotgun was loaded when he pulled the trigger. {2} Two potentially reversible...
