OPINION VARGAS , Judge . {1} Communities for Clean Water (CCW) describes itself as a growing network of organizations whose mission is to ensure that "community waters which receive adverse impacts from [Los Alamos National Labs], its current operations and its legacy waste, are kept safe for drinking, agriculture, sacred ceremonies, and a sustainable future." CCW appeals from the final order of the Water Quality Control Commission (WQCC) sustaining the decision of the New Mexico...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION JONATHAN B. SUTIN , Judge . {1} Summary affirmance was proposed for...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION JONATHAN B. SUTIN , Judge . {1} The district court denied Defendant...
OPINION J. MILES HANISEE , Judge {1} Plaintiff David Young brought defamation and false light invasion of privacy claims against Defendants Todd Wilham and Journal Publishing Company concerning a number of statements contained within articles written by Wilham, a reporter, and published in the Albuquerque Journal (the Journal ), a local newspaper for which he worked. The articles questioned aspects of Plaintiff's dichotomous service to the Albuquerque Police Department (APD) as a paid...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION VANZI , Chief Judge . {1} Summary dismissal was proposed for the...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION SUTIN , Judge . {1} Summary affirmance was proposed for the reasons...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION SUTIN , Judge . {1} Plaintiff Marlina Romero appeals the district...
OPINION SUTIN , Judge . {1} Defendant Mark Webb was charged in two separate cases after he allegedly surreptitiously videotaped the minor daughter (Victim) of his former girlfriend unclothed in her bathroom. The first case, State v. Webb, Second Judicial District Court Case No. D-202-CR-2014-02997 ( Webb I ), was filed in 2014 and charged Defendant with voyeurism (child under eighteen), in violation of NMSA 1978, Section 30-9-20(A)(1) (2007), attempted voyeurism (child under eighteen),...
OPINION GARCIA , Judge . {1} The State of New Mexico appeals from an order of the district court suppressing evidence discovered following a traffic stop based on a violation of NMSA 1978, Section 66-7-317(A) (1978) (failure to maintain a lane). We conclude that the district court was correct in its determination. The traffic stop was not supported by reasonable suspicion, and the officer who subsequently discovered the evidence of criminal activity did so only after he stopped Defendant...
OPINION JONATHAN B. SUTIN , Judge . {1} This matter comes to us on interlocutory appeal from the denial of Safeway Insurance Company's motion for summary judgment seeking dismissal of class action claims. Safeway sought to prove that its insurance documents were legally adequate to support its rejections of claims of class members to uninsured and underinsured motorist (UM/UIM) benefits. The district court certified that the case involved "a controlling question of law as to which there...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION ZAMORA , Judge . {1} Plaintiff Matthew Channon, a self-represented...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION BOHNHOFF , Judge . {1} Defendant Randall Eugene Cook appeals from...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION ZAMORA , Judge . {1} The State appeals the district court's order...
OPINION JONATHAN B. SUTIN , Judge . {1} Plaintiffs William Shawn Cates and Bobby Cheresposy, on behalf of themselves and all others similarly situated, appeal, contending that the district court erred in determining that it did not have jurisdiction to entertain their private action under the Public Works Minimum Wage Act (the Act), NMSA 1978, 13-4-10 to -17 (1937, as amended through 2011). Plaintiffs sought to recover from Defendant Mosher Enterprises, Inc. wages for 2009 work that...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION GARCIA , Judge . {1} Petitioner (ex-husband) appeals from the...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION HANISEE , Judge . {1} Employer/Insurer has appealed from an award...
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. MEMORANDUM OPINION VANZI , Chief Judge . {1} Defendant appeals from the district court'...
OPINION J. MILES HANISEE , Judge . {1} The State appeals the district court's order suppressing evidence seized from Defendant Johnny Ortiz's vehicle. The district court suppressed the evidence because it concluded that what began as an investigatory detention of Defendant impermissibly ripened into a de facto arrest in violation of the Fourth Amendment right to be free from unreasonable seizure. We agree with the district court and affirm. BACKGROUND {2} On the morning of June 1, 2012,...
OPINION J. MILES HANISEE , Judge . {1} At issue in this appeal is whether Defendant State Farm Fire and Casualty Company breached its duty to defend when it refused Plaintiff Jenny Dove's request for legal representation in the underlying lawsuit brought by current co-Plaintiff David Tapia against her. Because the facts tended to show that Dove was arguably covered by the policy, which is the established legal standard in New Mexico, we hold that Defendant breached its duty to defend. The...
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. MEMORANDUM OPINION TIMOTHY L. GARCIA , Judge . {1} Summary reversal was proposed for the reasons stated in the notice of proposed summary...
