Author Archives: Emil J. Kiehne

“Medical damages debate hits NM Supreme Court”

Dan McKay has this story in the Albuquerque Journal about yesterday’s oral argument in Siebert v. Okun. The question presented is whether the damages cap in the New Mexico Medical Malpractice Act violates Article II, Section 12 of the New … Continue reading

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CA10: Defect in notice to appear for removal hearing was not jurisdictional

In Lopez-Muñoz v. Barr (opinion by Judge Bacharach), the petitioner argued that her notice of removal was defective because it failed to include the date and time of her immigration hearing (in a footnote, the Court states that she did … Continue reading

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CA10: District court should hold evidentiary hearing to determine whether trial counsel should have offered evidence of the defendant’s intellectual disability in death penalty case

Last week, the Tenth Circuit issued a 95-page opinion in Harris v. Sharp, a death penalty case from Oklahoma. The defendant went to his estranged wife’s workplace and fired gunshots, killing her boss, Merle Taylor. Diana Baldwin had this story … Continue reading

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CA10: Destruction of innocent homeowner’s property by police was not a taking

The Tenth Circuit’s non-precedential opinion in Lech v. Jackson (by Judge Nancy Moritz) has attracted national attention due to the obvious unfairness of the result — city police destroy a home to arrest an armed criminal who barricaded himself there, … Continue reading

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NMCA: Whistleblower who recovered no damages still entitled to attorney’s fees and costs

While employed by the Town of Taos, Joseph Maestas was caught viewing pornography on his work computer, and was fired two weeks later. He then sued the Town under the Whistleblower Protection Act. Although he admitted to viewing pornography on … Continue reading

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CA10: Supreme Court’s decision in Davis announced a new rule that applies retroactively to cases on collateral review

Today the Tenth Circuit published its order in In re Mullins, granting the defendant’s motion to file a second or successive § 2255 motion to challenge his conviction for possession of a firearm during and in relation to a conspiracy … Continue reading

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“New Mexico high court hears ‘warrior gene’ arguments”

Robert Nott has this story in the Santa Fe New Mexican about yesterday’s oral argument in State v. Yepez, which involves the admissibility of evidence that the defendant’s genes predisposed him to act violently. While serving as a judge on … Continue reading

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“NM Supreme Court takes up deadly pursuit cases”

Katy Barnitz has this story in the Albuquerque Journal describing yesterday’s oral argument in State v. David Barber and State v. Elexus Groves, a case in which the New Mexico Supreme Court is being asked to decide whether aggravated fleeing … Continue reading

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This week’s oral arguments at NMSC: Warrior genes, the medical malpractice cap, and more

It’s oral argument week at the New Mexico Supreme Court, and here’s the lineup: Monday, November 4, 2019 State v. Yepez. Should a criminal defendant be able to introduce evidence that he has a “warrior gene” which predisposes him to … Continue reading

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CA10: Affirmative withdrawal of challenge to presentence report is a waiver

Defendant, Brice Ashton Carter, was convicted of possessing a firearm as a felon. A confidential informant told federal agents that Carter had used two firearms as payment for some methamphetamine. Relying on the informant’s statements, the presentence investigation report applied … Continue reading

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