Tag Archives: New Mexico Supreme Court

Public school funding case from NM Supreme Court involving Zuni

Here is the opinion in State of New Mexico Public Education Dept. v. Zuni Public School Dist. #89: SC36009

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

New Mexico SCT Affirms Tribal Immunity from Property Claims (UPDATED with briefs)

Here is the opinion in Hamaatsa Inc. v. Pueblo of San Felipe. An excerpt: The Pueblo of San Felipe (Pueblo) appeals from an opinion of the New Mexico Court of Appeals declining to extend the Pueblo, an Indian tribe, immunity … Continue reading

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

New Mexico SCT Holds Cross-Deputized Tribal Officer Covered by New Mexico Tort Claims Act When Enforcing State Law

Here is the opinion in Loya v. Gutierrez. An excerpt: Given New Mexico’s highways that traverse both state and tribal lands, it is not uncommon that a tribal police officer patrolling those highways may be commissioned as a deputy county … Continue reading

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

New Mexico Supreme Court Holds State Officers May Transport Navajo Members Off Reservation for Chemical Testing

Here is the opinion in State v. Charlie: State v Charlie An excerpt: In summary, the testimony that the Navajo Nation enabled cross-commissioned State Police officers to transport Navajos off the reservation for chemical testing to investigate Navajo Code violations … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Tribal Codes | 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 , , , ,

Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.): 52 — Pueblo Motion for Summary J 55 — Judge Nash Response 63 — Pueblo Reply to Judge Nash 65 — Mendoza Response 69 — Pueblo Reply … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research, tribal courts | Tagged , , , , , , , | 1 Comment

New Mexico SCT Orders Equitable Tolling of Statute of Limitations on Worker’s Comp Claim against Pojoaque Police Dept.

Here is the opinion in Schultz v. Pojoaque Tribal Police Dept. (N.M.). An excerpt: {1} On August 17, 2002, Pojoaque Tribal Police Officer Kevin Schultz drowned while rescuing a twelve-year-old boy from the Rio Grande near Pilar, New Mexico. On … Continue reading

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

Federal Court Allows Pueblo of Santa Ana’s Challenge to N.M. Gaming Compact’s Jurisdiction Shifting Provisions to Proceed

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.): Memo Opinion Party Defendants Motion to Dismiss Judge Nash Motion to Dismiss Response to Party Defendants Response to Judge Nash Party Defendants Reply Judge Nash Reply Here … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , , , , | 2 Comments

Materials in Challenge to Designation of New Mexico’s Mt. Taylor as Cultural Property

Here are the materials in Reyellen Resources Inc. v. New Mexico Cultural Properties Review Committee: 2011-02-04 Rayellen Resources v. NM CPRC dist ct dcn 2012-03-08 NMCA order certifying Mt. Taylor TCP to NMSC An excerpt from the trial court opinion: … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, economic development, Research | Tagged , , , , | 1 Comment

State Supreme Court Outcomes: New Mexico

We took a day off yesterday (travel to give a talk to the 2011 PLSI’ers). And in honor of them, New Mexico! In New Mexico, tribal interests succeed 44 percent of the time. Here are the cases (including yesterday’s whopper!):

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged ,