Author Archives: Emil J. Kiehne

NM Court of Appeals to consider whether the state constitution bars police from opening a locked gun safe during a vehicle inventory search

On September 11, 2019, the New Mexico Court of Appeals will hear oral argument in Albuquerque in State v. Leo Jim. UPDATE: On August 6, 2019, the Court vacated the oral argument, and will reset the date. At issue in … Continue reading

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10th Circuit: Albuquerque city clerk and lawyers are immune from suit by failed mayoral candidate

Stella Padilla wanted to run for mayor of Albuquerque in 2018, but the city clerk, Natalie Howard, rejected her nominating petition. Padilla filed a suit in state district court asking for declaratory judgment that her petition was proper. During the … Continue reading

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NMCA: Wrongfully enjoined defendant cannot recover damages in the absence of an injunction bond

Norman Gaume filed a lawsuit claiming that the New Mexico Interstate Stream Commission had violated the Open Meetings Act, and asked for an injunction against a committee created by the Commission from taking any further action on certain matters related … Continue reading

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NMCA: Employer’s mistaken belief that worker was disabled supported discrimination claim

In Goodman v. OS Restaurant Services, LLC (opinion by Judge Hanisee), the Court of Appeals has held that sufficient evidence supported a jury’s verdict that an employer mistakenly “regarded” the plaintiff worker as disabled, and discriminated against him because of … Continue reading

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NMCA: Judgments Are Forever

The Cadle Company acquired a 1987 state-court judgment against the defendant, and filed suit on the judgment in 2002 and 2009, acquiring new judgments against the defendant each time. In 2016, the Cadle Company filed a suit on the 2009 … Continue reading

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10th Circuit has posted recordings of oral arguments from July 19, 2019

A panel of the Tenth Circuit heard six oral arguments in Santa Fe last week. The court heard five criminal cases, and one civil case involving qualified immunity. The Court has now posted recordings of those arguments here.

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10th Circuit revives lawsuit challenging Colorado’s Taxpayer Bill of Rights

Yesterday the Tenth Circuit added another chapter to the long-running saga of Kerr v. Hickenlooper, a lawsuit challenging Colorado’s Taxpayer Bill of Rights (TABOR). Colorado voters adopted TABOR via an initiative process in the early 1990s. TABOR requires voter approval … Continue reading

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NMSC upholds commitment of Socorro man who killed his father with a pick axe

In State v. Baca, the New Mexico Supreme Court has upheld the criminal commitment of Manuel Baca, who killed his father in Socorro with a pick axe in 2016. The district court found him incompetent to stand trial and ordered … Continue reading

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NMCA: Court-issued protective orders trump the Inspection of Public Records Act

In a domestic relations case, the plaintiff sought records from a guardian ad litem who had been appointed for his son. The guardian ad litem sought and received a protective order, arguing that she was an arm of the court … Continue reading

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NMCA: District court can’t dismiss case under Rule 1-041(E)(1) if plaintiff is in compliance with a scheduling order

In a legal malpractice case, the defendant moved to dismiss with prejudice under Rule 1-041(E)(1) for failure to take significant action to advance the case. The district court denied the motion, and entered a scheduling order. The plaintiff complied with … Continue reading

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