Tag Archives: Statutory Construction

NMCA: Juvenile “used” BB gun in assault despite not brandishing or referring to it

This case presents an interesting issue of textual interpretation — what does it mean to “use” a weapon? I would not be surprised to see our Supreme Court take up this case: Suspecting that 12-year old Zachariah G. had some … Continue reading

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NMCA: Underground water rights may be partially forfeited

A landowner contended that he owned 394.85 acre-feet of underground water rights in the now-abandoned town of Cutter, New Mexico. The evidence at trial showed that a railroad had previously used the water, but that for 34 years the water … Continue reading

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NM Supreme Court: Probation term does not expire if defendant absconds

When a term of probation expires, it means the defendant has satisfied all criminal liability, and is entitled to a certificate from a court saying so. See NMSA 1978, sec. 31-20-8. The term of probation is tolled, however, if the … Continue reading

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NM Court of Appeals: Statutes mean what they say

Two recent decisions by our Court of Appeals, both written by Judge Bustamante, and both issued on February 9, have rejected attempts by parties to expand statutes beyond their plain meaning. In Wells Fargo Bank N.A. v. Pyle, a foreclosure … Continue reading

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NM Court of Appeals restricts scope of child abuse reporting statute

Last week, in State v. Strauch (Oct. 28, 2013), the Court of Appeals held that New Mexico’s child abuse reporting statute imposes obligations only on certain listed professionals, despite the statute’s language saying that it applies to “every person.” This decision … Continue reading

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Workers’ comp benefits can’t exceed average weekly wage, says NM Court of Appeals

In Livingston v. Environmental Earthscapes, a landscaper suffered a wrist injury and carpal tunnel syndrome at his job. The workers’ compensation judge found that the worker was entitled to permanent partial disability (PPD) and loss of use (LOU) benefits. This award … Continue reading

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Dry ice bombs are not “explosives,” NM Court of Appeals holds

Dry ice bombs may be illegal at Disneyland, but not in New Mexico. That seems to be the lesson of the Court of Appeals’ recent decision in State v. Alverson. When Alamogordo police searched Kevin Alverson’s car, they found two … Continue reading

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