Cases

31 P.3d 1008 (2001) 130 N.M. 734 2001-NMSC-028 Narendra GUNAJI and Maria S. Sutton, Plaintiffs-Appellants-Contestants, v. Fernando MACIAS, Gilbert Apodaca, and Rita Torres, County Clerk, Defendants-Appellees-Contestees. No. 25,896. Supreme Court of New Mexico. September 12, 2001. *1009

OPINION FRANCHINI, Justice. {1} Northern Rio Arriba Electric Cooperative, Inc. (NORA) appeals from a jury verdict granting damages to Frank and Lorraine Trujillo. Frank Trujillo had pursued a discrimination claim against NORA under the New Mexico Human Rights Act, NMSA 1978, §§ 28-1-1 to -15 (1969, as amended through 1993, prior to 1995, 2000, & 2001 amendments), al

Chief Justice MULLARKEY delivered the Opinion of the Court. I. Introduction In this workers' compensation case, we affirm Avalanche Industries, Inc. v. Industrial Claim Appeals Office, 166 P.3d 147 (Colo.App.2007). The court of appeals correctly upheld the decisions of the Industrial Claims Appeals Office ("ICAO") and administrative law judge ("ALJ"), that determined a claimant's average w

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DANIEL CAMPBELL; et al, * No. 15-56990 Plaintiffs-Appellants, D.C. No. v. 2:04-cv-08592- AG-AJW CITY OF LOS ANGELES, Defendant-Appellee. CESAR MATA,

OPINION SULT, Judge. ¶ 1 In this opinion we address the interplay between the notice requirement of the Sixth Amendment to the United States Constitution and that portion of Rule 13.5(b) of the Arizona Rules of Criminal Procedure governing amendments to an indictment or information. We hold that an amendment proposed mid-trial that changes the nature of the original charge deprives an accused of the type of

41 P.3d 333 (2001) 131 N.M. 594 2002-NMSC-004 Frank TRUJILLO and Lorraine Trujillo, Plaintiffs-Appellees and Cross-Appellants, v. NORTHERN RIO ARRIBA ELECTRIC COOPERATIVE, INC., Defendant-Appellant and Cross-Appellee. No. 26,542. Supreme Court of New Mexico. December 6, 2001. Rehearing Denied February 21, 2002.

5 Cal.Rptr.3d 141 (2003) 112 Cal.App.4th 405 Guillermo AVILA et al., Plaintiffs and Appellants, v. JADO PROPERTIES, INC., Defendant and Respondent. No. B153932. Court of Appeal, Second District, Division Eight. September 30, 2003. Review Granted January 14, 2004. *142 Law Offices of George

878 P.2d 353 (1994) 118 N.M. 35 Martin LUCERO, Worker-Appellant, v. SMITH'S FOOD AND DRUG CENTERS, INC., self-insured, Employer-Appellee. No. 15109. Court of Appeals of New Mexico. June 8, 1994. Certiorari Denied July 19, 1994. Jerry A. Walz, Jerry A. Walz & Associates, P.C., Albuquerque, for worker-appellant. Kell

IN THE SUPREME COURT OF IOWA No. 12–1150 Filed July 18, 2014 STATE OF IOWA, Appellee, vs. JUSTIN DEAN SHORT, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Plymouth County, James D. Scott (suppression), and Jeffrey A. Neary (trial), Judges. A criminal defendant seeks further review of a court of appeals decision affirming a di

MEMORANDUM DECISION Robert E. Grossman, United States Bankruptcy Judge Before the Court is the Trustee’s motion (“Motion”) seeking to reopen the bankruptcy ease of Barbara G. Ross (the “Debtor”) pursuant to 11 U.S.C. § 350(b) in order to administer settlement proceeds offered to the Debtor in connection with a medical device implanted in the Debtor and removed pre-petition. The Debtor opposes t

OPINION FELDMAN, Vice Chief Justice. We accepted jurisdiction of this special action1 to examine the requirements of due process in connection with scientific testing of breath to determine blood alcohol concentration (BAC) of those arrested for driving under the influence (DUI). The specific crime we consider is a violation of A.R.S. § 28-692(B), which forbids driving with a

OPINION Memorandum Decision of the Court of Appeals, Division Two, filed November 10, 1988, vacated FELDMAN, Chief Justice. In State v. Bartlett, 164 Ariz. 229, 240, 792 P.2d 692, 703 (1990) (hereinafter Bartlett I), we held that Joseph Bartlett, Jr.’s forty-year sentence constituted cruel and unusual punishment under the eighth amendment to the United States Constitution

IN THE SUPREME COURT OF IOWA No. 12–1150 Filed July 18, 2014 Amended October 15, 2014 STATE OF IOWA, Appellee, vs. JUSTIN DEAN SHORT, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Plymouth County, James D. Scott (suppression), and Jeffrey A. Neary (trial), Judges. A criminal defendant seeks further review

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiffs’ Motion and Supporting Brief to Determine That This Matter Proceed as a Class Action, filed January 6, 2014 (Doe. 194)(“Motion”). The Court held a two-part class certification hearing with its first portion on March 10,11, and 12, 2014, and its second portion on April 3 and 4, 2014.

146 Ariz. 359 (1985) 706 P.2d 371 STATE of Arizona, Appellee/Cross-Appellant, v. Richard Michael ROSSI, Appellant/Cross-Appellee. No. 6326. Supreme Court of Arizona, En Banc. September 24, 1985. *362 Robert K. Corbin, Atty. Gen., William J. Schafer III, Chief Counsel, Crim. Div., Diane Ramsey, David Cole,

MR. JUSTICE SHEEHY delivered the Opinion of the Court. Appellant, James Brodniak, appeals from a judgment of conviction of sexual intercourse without consent after a jury verdict in the District Court, Fourth Judicial District, County of Missoula. The facts of this case are as follows: on the evening of May 10, 1984, Debbie Preston, a 22-year-old woman, accompanied a friend, Diane Green, to

A jury found Robert Freddie Claxton (hereinafter called Claxton or defendant) guilty of kidnapping and assault with intent to commit rape. He was sentenced to the State Penitentiary for three to four years on each count, the sentences to run concurrently. An information filed July 23, 1965, charged Claxton and one Leonard Lewis LaMaster with two counts of kidnapping and one count of assault with intent to commit rape. Claxton's motion for severance was granted and his jury tria

CAMERON, Justice. I. JURISDICTION Defendant, Oreste C. Fulminante, appeals a verdict and judgment of guilt for the crime of first degree murder (A.R.S. § 13-1105(A)(1)) and a sentence of death (A.R.S. § 13-703). We have jurisdiction pursuant to Ariz. Const. Art. 6 § 5(3) and A.R.S. §§ 13-4031, 4033, and 4035. II. ISSUES Defendant raises the following issues on appea

470 F.Supp. 326 (1979) Stephanie OTERO, Brenda Otero (minors) suing by and through their father and next friend, Ray H. Otero, Wilford Trujillo, Jr., Sara Jane Trujillo (minors) suing by and through their father and next friend, Wilford Trujillo, Sr., Rebecca Trujillo, Rhoda Romero, Jeanette Romero (minors) suing by and through their mother and next friend, Dora Romero, William D. Gallegos (a minor) suing by and through his mother and next friend, Lena M