Why Does Evil Exist in the World?

CHARLES E. BINKLEY

Clinical bioethicist Charles E. Binkley responds to a recent column by Verdict columnist and Cornell law professor Sherry F. Colb regarding the existence of evil in the world. Using a theological framework, Binkley addresses the central question Colb raised in her column and proposes a corollary question about communal evil.

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GandyDancer, LLC v. Rock House CGM, LLC

Citation: 2019-NMSC-021

Opinion Date: November 14, 2019

Judge: Thomson

Areas of Law: Antitrust & Trade Regulation, Business Law, Government & Administrative Law

GandyDancer, LLC, and Rock House CGM, LLC, were business competitors, and both provided railway construction and repair services to BNSF Railway Company. BNSF awarded contracts to Rock House to provide goods and services in New Mexico. GandyDancer filed a complaint with the New Mexico Construction Industries Division (CID) in 2015 that alleged Rock House violated the Construction Industries Licensing Act (CILA), by performing unlicensed construction work in New Mexico. GandyDancer thereafter filed a complaint in district court against Rock House, alleging theories of competitive injury, and including a claim that Rock House engaged in unfair methods of competition to obtain contracts with BNSF contrary to the UPA. GandyDancer alleged Rock House’s acts amounted to an “unfair or deceptive trade practice” under Section 57-12-2(D) of the New Mexico Unfair Practices Act (UPA). The district court certified for interlocutory review whether the UPA supported supports a cause of action for competitive injury. The Court of Appeals accepted interlocutory review and held that a business may sue for competitive injury based on a plain reading of the UPA. The New Mexico Supreme Court reversed, because the Legislature excluded competitive injury from the causes of action permitted under that statute. Furthermore, the Court observed that Gandydancer relied upon dicta in Page & Wirtz Construction Co. v. Soloman, 794 P.2d 349. Therefore, the Court formally disavowed reliance on Page & Wirtz or prior New Mexico case law that conflicted with its opinion here.

Lewis v. Albuquerque Public Schools

Citation: 2019-NMSC-022

Opinion Date: November 18, 2019

Judge: Barbara J. Vigil

Areas of Law: Civil Procedure, Government & Administrative Law, Labor & Employment Law, Personal Injury

Following the death of Patricia Lewis (Worker), her widower Michael Lewis (Petitioner) was awarded death benefits under the Workers’ Compensation Act. The Workers’ Compensation Judge (WCJ) based the award on the finding that Worker, while employed with Albuquerque Public Schools (Employer), contracted allergic bronchopulmonary aspergillosis (ABPA) which proximately resulted in Worker’s death. Employer appealed the award to the Court of Appeals. Pertinent here, the appellate court concluded: (1) the WCJ correctly rejected Employer’s argument that Petitioner’s claim for death benefits was time-barred; and (2) he WCJ erred in excluding from evidence certain medical testimony and records which Employer contended related to Worker’s cause of death. The Court of Appeals therefore remanded the case for retrial on whether Worker’s ABPA “'proximately result[ed]’” in her death. On the first issue, the New Mexico Supreme Court agreed with the Court of Appeals that Petitioner’s claim for death benefits was not time-barred, and affirmed. On the second issue concerning the WCJ’s exclusion of medical testimony and evidence on Worker’s cause of death, the Supreme Court held the Court of Appeals erred in its interpretation of Section 52-1-51(C), but agreed based on the Supreme Court's own interpretation of Section 52-1-51(C) that the case had to be remanded for further proceedings. In all other respects, the opinion of the Court of Appeals was affirmed.

New Mexico v. Lente

Citation: 2019-NMSC-020

Opinion Date: October 31, 2019

Judge: Nakamura

Areas of Law: Constitutional Law, Criminal Law

The two issues presented by this case came to the New Mexico Supreme Court from a district court’s decision to grant Defendant Jesse Lente’s habeas petition. The first concerned Lente’s indictment, charging him with perpetrating various forms of sexual abuse on a regular basis against M.C., his stepdaughter (a so-called "resident child molester" case). The district court, relying on Valentine v. Konteh, 395 F.3d 626 (6th Cir. 2005), and New Mexico v. Dominguez, 178 P.3d 834, concluded that Lente’s indictment included “carbon copy” charges - charges that were truly identical, and not distinguishable by time or date or by specification that each charge was predicated on different acts - that impermissibly subjected him to double jeopardy. The second issue concerned the district court’s determination that M.C.’s testimony was too generic and insufficient to support Lente’s multiple convictions. Her testimony, the district court concluded, could support only one conviction for each type of sex-abuse crime Lente perpetrated and, therefore, Lente’s multiple convictions violated double jeopardy. The Supreme Court disagreed as to both issues, finding the district court wrongly interpreted the principles articulated in Valentine and Dominguez and erred in determining that Lente’s indictment included carbon copy charges that produced a double jeopardy violation. The Court took the opportunity of this case to clarify the principles courts must utilize when evaluating the sufficiency of the evidence presented in resident child molester cases.

New Mexico v. Sloan

Citation: 2019-NMSC-019

Opinion Date: October 31, 2019

Judge: Thomson

Areas of Law: Constitutional Law, Criminal Law

After retrial, defendant Matthew Sloan appealed his convictions for burglary and felony murder. At the second trial, the State presented evidence that defendant, armed with a rifle and accompanied by two other men, broke into the victim’s house to retrieve drugs or money from the victim and that defendant shot and killed the victim during the burglary. On appeal, defendant argued: (1) the district court denied him his right to be present and to confront witnesses against him by failing to determine whether he made a valid waiver of his right to be present at three pretrial hearings; (2) he received ineffective assistance from his trial counsel; and (3) the district court committed reversible error by declining to instruct the jury on voluntary manslaughter as a lesser included offense. Finding no reversible error, the New Mexico Supreme Court affirmed defendant's convictions.