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LOYA v. GUTIERREZ

No. 34,447.

350 P.3d 1155 (2015)

2015-NMSC-017

Jose Luis LOYA, Plaintiff, v. Glen GUTIERREZ, Commissioned Officer of Santa Fe County, Defendant/Third-Party Plaintiff/Appellant-Petitioner, v. County of Santa Fe, Third-Party Defendant/Appellee-Respondent.

Supreme Court of New Mexico.

May 11, 2015.

Attorney(s) appearing for the Case

VanAmberg, Rogers, Yepa, Abeita & Gomez, LLP, Carl Bryant Rogers , Santa Fe, NM, Ray A. Padilla, P.C., Ray A. Padilla , Albuquerque, NM, for Petitioner.

Law Offices of Michael Dickman, Michael Dickman , Santa Fe, NM, for Respondent.

Robles, Rael & Anaya, P.C., Luis E. Robles , Frank T. Apodaca , Albuquerque, NM, for Amicus Curiae New Mexico Association of Counties.

OPINION

{1} 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 sheriff to arrest non-Indians and prosecute them in state court when they commit state traffic offenses on tribal...

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