Robles, Rael & Anaya, P.C. excels at appellate advocacy, both written and oral, and possesses broad experience in complex appellate litigation. Our firm has handled appeals in the Tenth Circuit, Fifth Circuit, New Mexico appellate court, New Mexico Supreme Court and the U.S. Supreme Court.
|
402 F.3d 1039 (10th Cir. 2005). Successfully defending a district court's decision to grant officer's motion for judgment as matter of law and dismiss arrestee's excessive force claims based on arrestee's perjury during his deposition.
|
399 F.3d 1216 (10th Cir. 2005) Successfully defended a jury verdict finding that a police officer's use of a police dog to effectuate an arrest was reasonable.
|
222 F.3d 1220 (10th Cir. 2000) Successfully defended an ex-convict's Section 1983 action based on his state murder conviction which was vacated in federal habeas corpus proceedings due to discovery violations.
|
229 F.3d 1163, 1999 WL 2193 (10th Cir. 2000), cert. denied, 532 U.S. 994 (2001) Successfully argued that a SWAT team officer's use of deadly force against an innocent homeowner who mistakenly believed that he was rightfully defending his property was objectively reasonable under the circumstances.
|
121 N.M. 144, 909 P.2d 25 (Ct.App.), cert. denied, 120 N.M. 828, 907 P.2d 1009 (1995), cert. denied, 517 U.S. 1244 (1996) Successfully argued that a developer was not entitled to compensation for any reduction in value of uncondemned portion of its parcel resulting from increased use of frontage road or proximity of landfill, neither of which were on land condemned from developer.
|
914 F.Supp. 478 (D.N.M. 1995) Successfully argued that a 30-month moratorium
on development of lands within the Petroglyph National Monument was not
a taking under the Fifth Amendment. |
119 N.M. 150, 889 P.2d 185 (1994) Successfully defended the City of Albuquerque from a village's and area residents' suit seeking to prevent the city's proposed construction of a bridge across the Rio Grande river.
|
111 N.M. 608, 808 P.2d 58 (Ct.App. 1991), cert. denied, 113 N.M. 524, 828 P.2d 957 (1992) Successfully argued that a municipal highway project that was duly authorized by law and was approved by concerned governmental agencies was not subject to abatement as a public nuisance, warranting the reversal of a district court's preliminary injunction.
|
906 F.2d 1477 (10th Cir. 1990), cert. denied, 498 U.S. 1109 (1991) Successfully argued that federal involvement in the Montaņo bridge project was not sufficient to warrant protection under various federal environmental and historic preservation statutes.
|
663 F.Supp. 1084 (D.N.M. 1987), aff'd. 841 F.2d 1131, cert. denied, 485 U.S. 1009 (1988) Successfully argued that a municipal ordinance which provided the right to vote on the creation of municipal debts to any person who owned property within the city limits who had paid a property tax did not violate the Equal Protection Clause of the Fourteenth Amendment.
|
107 N.M. 257, 755 P.2d 595 (1988) Successfully defended the City of Albuquerque from a declaratory judgment action seeking to have agreement for development of convention center hotel declared unconstitutional, violative of city ordinances, and improperly enacted.
|
79 N.M. 53, 439 P.2d 702 (1968), cert. denied, 393 U.S. 841 (1968) Successfully argued that New Mexico had jurisdiction to levy an income tax on wages paid to civilian personnel employed by federal government at missile range in state, notwithstanding the fact that the legislature did not expressly reserve taxing jurisdiction when it ceded jurisdiction to United States of property on which the missile range was situated and the fact that the Buck Act was passed by Congress prior to cessation of that jurisdiction.
|
117 N.M. 590, 874 P.2d 798 (Ct.App. 1994) Successfully defended the City of Albuquerque from an environmental associations declaratory and injunctive suit, attempting to bar further planning, funding, contracting, and construction by the city and city entities of a one-mile segment of boulevard which bordered national monument alleging that the project violated the Prehistoric and Historic Sites Preservation Act.
|
Robles, Rael & Anaya, P.C. is prepared to represent our clients from the initial investigation through discovery, settlement, trial, and appeals where necessary.
|
CIV 02-1154 BRB/ACT (USDC) Successfully argued on a motion for judgment as a matter of law that a police officer's use of police "taser" to apprehend a fleeing burglary suspect was objectively reasonable as a matter of law.
|
CIV 02-0258 MCA/JHG (USDC) Obtained jury verdict in favor of a police officer who used deadly force against an intoxicated suspect armed with a knife.
|
CIV 01-444 WJ/DJS (USDC) Obtained jury verdict in favor of a police officer
who used a police K-9 to apprehend a suspect involved in the manufacture
of methamphetamines. |
CIV 01-0445 WWD/LFG (USDC) Obtained jury verdict in favor of a police officer who used a police K-9 to apprehend a fleeing burglary suspect who was believed to be armed.
|
CIV 01-0626 LFG/WWD (USDC) Obtained jury verdict in favor of a police officer who used a police K-9 to apprehend an intoxicated subject who was threatening to take his own life.
|
CIV 96-1801 LH/DJS (USDC) Successfully argued on a motion for summary judgment that a SWAT team officer's use of deadly force against an innocent homeowner who mistakenly believed that he was rightfully defending his property was objectively reasonable under the circumstances.
|
CIV 95-1471 JP/WWD (USDC) Obtained jury verdict in favor of a SWAT team officer who used deadly force against a suspect who threatened the life of a hostage.
|
CIV 96-1572 LFG/DJS (USDC) Obtained jury verdict in favor of a SWAT team officer who used deadly force against an intoxicated, suicidal suspect armed with a gun.
|
CIV 90-0629 JP/WWD (USDC) Successfully argued on a motion for summary judgment that a police officer's use of deadly force against an intoxicated suspect armed with a gun was objectively reasonable under the circumstances.
|
CIV 02-0603 JB/ACT-ACE (USDC). Obtained a verdict in the favor of a police officer who used a K-9 to apprehend a suspect who threatened the officer with a ladder.
|