Elder Justice Prosecutor Samples

Requests Court issue writ and reverse resolution because evidence was isufficient to establish kidnapping and/or intent to commit a felony

Requests Court reverse decision and remand because issues of material fact and questions of law exist

Requests Court issue writ reversing decision because district court failed to give interested parties notice and lacked jurisdiction to void testamentary dispositions

Requests Court grant petition, reverse opinion, and remand because district court erred calculating fees awarded

Argues Court must affirm decision because: patent does not convey right to mine, crush and sell rock commercially; ballast rock comes within scope of state's mineral reservation

Alleges: Count I - Medical Negligence and Joint Enterprise; Count II - Negligence - Respondeat Superior; Count III - Breach of Actual and Implied Contract; Count IV - Res Ipsa Loquitor as to All Defendants; Count V - Loss of Consortium

Requests Court reverse decision and remand because: residential property categorization is inimical to amendment's purpose; use of acquisition value to determine tax liability lowers purchase price; statute creates inequitable category unrelated to amendment's purpose

Argues Court must reinstate district court's judgment because: Medicaid fee-for-service does not apply to managed care; Medicaid fee-for-service does not create right to action against managed care organizations; plaintiffs can not pursue third-party beneficiary claim; plaintiffs are not entitled to Medicaid fee-for-service per prescription; plaintiffs' contracts with managed care organizations preclude unjust enrichment claim; reimbursement under Medicaid fee-for-service is payable only for lower-cost drug substitute

Requests Court grant writ of certiorari and reverse decision because: case presents public interest issue; case presents constitutional law question; appeals court misapplied law

Requests Court reverse opinion and remand because: worker's refusal was involuntary; worker's injury was not negligible cause; worker's job was heavy; Social Security Administration found worker totally disabled

Argues Court must reject defendants' arguments and affirm judgment because: evidence rule requires affirmance; ability to repay is not consideration; plaintiff is entitled to enforce note; National Bank Act preempts Home Loan Protection Act

Argues Court must reverse holding and remand because: New Mexico has reasonable and net tangible standard in home loans; federal preemption does not protect banks from compliance with Home Loan Protection Act

Requests Court waive filing deadline because: petitioner is licensed; elderly parents require assistance; employment requires license; circumstances jusitfy waiver

Argues Court must not repeal death penalty in this case because: application of amendments runs afoul of state constitution; application of amendments is contrary to public policy; application of amendments contradicts rules of statutory construction

Requests Court give petitioner opportunity to argue innocence, establish doubt and repeal penalty before a jury because: death is unacceptable; execution consitutes cruel and unusual punishment; death sentence violates due process; penalty is disproportionate; sentence constitutes a special law

Requests Court affirm decision because: evidence shows petitioner abuses nursing home residents; Department of Health must protect nursing home residents; petitioner can not be certified nurse aide

Requests Court grant petition and issue emergency stay because: appellate court must interpret Medicaid program overpayments, civil penalties and Medicaid provider contract damages; whether violations constitute recoverable overpayments, civil Medicaid fraud and/or are subject to civil penalties is statutory interpretation issue

Alleges: Count I - Declaratory Relief: Equal Protection of the Law and Violation of the Principle of Separation of Powers; Count II - Injunctive Relief: Order Enjoining the Continuation of the Residency Certification Program; Count III - Writ of Mandamus: Separation of Powers and Equal Protection; Count IV - Violation of Administrative Procedures Act

Requests Court deny petition for writ of mandamus and dissolve emergency stay because: attorney general fails to establish basis for court's mandamus jurisdiction; commissioner has authority to decide bid conditions; attorney general's petition attacks commissioner's authority

Argues negligent hiring, retention, supervision and training of home health care employee (2004)

Recommends Court: deny motion; order defendants pay plaintiffs' attorneys fees and costs (2003)

Requests Court dismiss complaint in its entirety or, in the alternative, enter summary judgment in defendant's favor because: all legal issues and factual allegations raised in complaint were addressed in guardianship proceedings; dismissal is warranted under doctrines of claim preclusion

Requests Court deny motion to dismiss and alternative motion for summary judgment because: claim preclusion assertation is legally improper; complaint issues were not litigated in guardianship proceedings; public policy supports matter being heard on its merits; doctrines of claim and issue preclusion do not apply to attorney's fees

Requests Court issue a writ of mandamus or, in the alternative, a writ of prohibition vacating order denying motion for judgment because: a trustee's petition is necessary to transfer property; court guidance is not followed; issue of law needs clarification; writ relief is appropriate

Requests Court sustain petition denial and order matter to trial because: court denied motion for judgment; petitioner failed to establish warranted emergency relief