Tag Archives: New Mexico Court of Appeals

New Mexico Notice and Time Frame Case from Court of Appeals [ICWA]

Children, Youth & Families Department v. Tanisha G. and Isaac G. This is an interesting and remarkable case, and a way to deal with continued notice violations and delay by an agency. Here are the highlights of this disturbing case … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

New Mexico COA Decides Navajo Nation Water Rights Issue

Here is the opinion in State of New Mexico ex rel. State Engineer v. United States: NM v US re Navajo Nation (NMApp 2018) 

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , ,

New Mexico COA Allows Isleta Casino Worker’s Comp Claim to Proceed over Tribal Immunity Defense

Here is the opinion in Mendoza v. Isleta Resort & Casino & Hudson Ins. (N.M. Ct. App.): CA35,520

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity | Tagged , , , , ,

New Mexico Court of Appeals Upholds Navajo New Mexico Settlement

Here are the materials: 33437 MEMO OPINION 33439 33534 MEMO OPINION 33535 FORMAL OPINION 33535 ORDER DENYING

Posted in Author: Matthew L.M. Fletcher, Research, voting rights | Tagged , ,

Determination of Indian Child Case out of New Mexico Court of Appeals

Here. Based on the difficulties CYFD experienced in receiving evidence on Mother’s lineage and the Navajo Nation’s determination that Children are ineligible, we hold that Children are not eligible for enrollment with the Navajo Nation. Nevertheless, Father asserts that the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 1 Comment

Active Efforts and Burden of Proof ICWA Case out of NM Court of Appeals

Here. The court held that the burden for active efforts is clear and convincing evidence. In addition, that active efforts consists of more than reasonable efforts, citing to the 2015 Guidelines and other state court decisions. In this case, the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 2 Comments

State ex rel Attorney General v. Grand River Enterprises — New Mexico

From April: 2014-32-091 An excerpt: Defendant Grand River Enterprises Six Nations, Ltd., a tobacco company, appeals the district court’s denial of its motion to set aside a default judgment entered against it in an action brought by the State to … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research | Tagged , , | 2 Comments

New Mexico COA Remands Sandia Police Sexual Harassment Suit

Here is the opinion in South v. Lujan: CA32,015 An excerpt: Plaintiff-Appellant Tiffany South—a former officer with the Sandia Pueblo Police Department (Plaintiff) filed a complaint for violation of the New Mexico Human Rights Act (NMHRA), retaliatory discharge, and tortious … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , ,

New Mexico Court of Appeals Affirms Conviction of Non-Indian Arrested by Tribal Police

Here is the opinion in State v. Sanchez (N.M. App.). An excerpt: Defendant Ronald Sanchez was arrested by a Tesuque Pueblo police officer on property of the Tesuque Pueblo and charged in Santa Fe County Magistrate Court with aggravated driving … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | 1 Comment

New Mexico SCT Affirms Decision to Recognize Mt. Taylor as Cultural Property

Here is the opinion in Rayellen Resources Inc. v. Lyons. An excerpt: We accepted certification from the Court of Appeals to review the decision of the New Mexico Cultural Properties Review Committee to recognize approximately 400,000 acres of public land … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , ,