Author Archives: Emil J. Kiehne

Governor appoints Zachary Ives to the NM Court of Appeals

According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the … Continue reading

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Governor appoints Judges Shannon Bacon and David Thomson to the NM Supreme Court

Last week, Governor Lujan Grisham appointed District Judges Shannon Bacon and David Thomson to fill the two vacant seats on the New Mexico Supreme Court. Judge Bacon is on the Second Judicial District Court in Albuquerque. According to this story … Continue reading

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Congratulations to the new chief judge of the New Mexico Court of Appeals, M. Monica Zamora

Earlier this week, Judge M. Monica Zamora was sworn in to begin serving a two-year term as Chief Judge of the New Mexico Court of Appeals. She replaces Judge Linda Vanzi, who served as Chief Judge from 2017 to 2019. … Continue reading

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10th Circuit: Securities laws apply to fraud defendant’s sales to foreign customers

The SEC brought a civil enforcement action against Charles Scoville, a resident of Utah, and his company, Traffic Monsoon, alleging that they ran a Ponzi scheme which raked in tens of millions of dollars. About 90% of his customers were … Continue reading

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“Foreclosure case could change NM homeowner protections”

This story by Ryan Laughlin of KOB News describes Nava v. Wells Fargo Bank, a case now before the New Mexico Supreme Court. Apparently, the story was prompted by the filing of petitioner’s brief earlier this week. The Court of Appeals’ opinion that the … Continue reading

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NMCA: Officer’s tap on car window was not a seizure

Jennifer Simpson parked her car in a lot at a city park at 11:00 p.m. and turned off the car’s lights. A police officer saw this and believed her actions were suspicious because the park had closed an hour earlier … Continue reading

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10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions

Lina Thoung came to the United States illegally in 2002, and fraudulently obtained citizenship here in 2007. In 2012, her fraud came to light, and she pleaded guilty and stipulated to a removal order, but could not then be deported … Continue reading

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Ken Starr to speak in Albuquerque on January 23 (tomorrow)

Ken Starr, a former judge on the D.C. Circuit who also served as solicitor general under the first President Bush, also known as the independent counsel who investigated President Bill Clinton, will be speaking at two events in Albuquerque tomorrow. … Continue reading

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10th Circuit: BLM not entitled to key to inspect well sites on private land

In Maralex Resources, Inc. v. Barnhardt, the Tenth Circuit reversed a district court’s order that had granted the Bureau of Land Management (BLM) authority to require a private landowner to provide it with a key to access and inspect oil and gas wells. Although … Continue reading

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Chief Justice Nakamura delivers “state of the judiciary” address to the Legislature

Yesterday, Chief Justice Judith Nakamura addressed a joint session of the Legislature to address the state of the New Mexico judiciary. You can read about it here and here.

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