Tag Archives: Judge Cynthia Fry

Judge Cynthia Fry to retire at the end of 2015

The September 9 issue of the New Mexico Bar Bulletin contains an announcement (at page 4) that Judge Cynthia A. Fry of the New Mexico Court of Appeals will be retiring effective December 31, 2015. Judge Fry has had a … Continue reading

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Agency’s failure to review record was abuse of discretion, says NM Court of Appeals

Patricia Vigil, a state government employee, claimed she was disabled as a result of her work. A hearing officer of the Public Employees Retirement Board conducted a hearing, concluded she was disabled, and found that no pre-existing condition had significantly … Continue reading

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Judge Miles Hanisee appears to have prevailed in the Court of Appeals race; other N.M. appellate judges easily win retention

In the latest results from the Secretary of State’s office, Judge Miles Hanisee, the incumbent and Republican candidate, holds a lead over his Democratic challenger, Kerry Kiernan. As of the time of this writing, Judge Hanisee has 242,367 votes to … Continue reading

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Is “independent intervening cause” alive in New Mexico?

In Silva v. Lovelace Health System, Inc. (May 6, 2014), the New Mexico Court of Appeals (in a 2-1 decision) reversed a jury verdict in a wrongful death case for failure to instruct the jury on the doctrine of independent intervening … Continue reading

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War Powers Clause does not authorize abrogation of state sovereign immunity, holds NM Court of Appeals

It’s not often that our state courts have an opportunity to address the War Powers Clause of the Constitution (otherwise known as Article I, Section 8, Clause 11), but the Court of Appeals has held, in Ramirez v. State of … Continue reading

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New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant

In an age when people are increasingly concerned about government’s use of various forms technology to spy on them, the Court of Appeals has signaled that there will be limits to police use of such technology. Last week, in an important expansion … Continue reading

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Defendant can recover attorney’s fees even where insurer provides defense, says NM Court of Appeals

After buying a home in Elephant Butte, Star Varga discovered construction defects and sued the seller, the seller’s broker, and her own brokers. The trial court granted summary judgment to Ms. Varga’s own brokers. Those brokers then asked to be … Continue reading

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Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

Officer Kevin Schultz of the Pojoaque tribal police department died a hero. While acting as a chaperone for a church youth group, he jumped in the Rio Grande to save a child who was drowning, but was unable to save … Continue reading

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Child endangerment conviction affirmed: father smoked meth, kept unsecured firearms in home

Yesterday, in State v. Schaaf, the New Mexico Court of Appeals affirmed a father’s conviction for “negligent child abuse by endangerment.” Five-year old triplets lived in the home, along with a teenager. In upholding the conviction, Judge Cynthia Fry‘s opinion notes that … Continue reading

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Court of Appeals issues reminder that separate arbitrations can be consolidated.

In the last of the Court of Appeals’ recent trifecta of arbitration decisions, Lyndoe v. D.R. Horton, Inc. (decided on July 24), we are reminded that separate arbitration cases can be consolidated, at least in some circumstances.  The prospect of … Continue reading

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