Monthly Archives: June 2013

Tenth Circuit rules in favor of Hobby Lobby on its challenge to HHS contraceptive mandate

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the Tenth Circuit en banc issued its opinion in Hobby Lobby Stores, Inc. v. Sebelius, reversing the District Court’s denial of Hobby Lobby’s request for a preliminary injunction while it challenges the contraceptive mandate, and remanding for further consideration of two … Continue reading →

Posted in News, Tenth Circuit | Tagged , , , | Comments Off on Tenth Circuit rules in favor of Hobby Lobby on its challenge to HHS contraceptive mandate

NM Supreme Court issues four decisions in civil cases

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the New Mexico Supreme Court issued four opinions in civil cases: 1.  Strausberg v. Laurel Healthcare Providers.  In this medical malpractice action, the defendant nursing home moved to compel arbitration. The plaintiff claimed that the agreement was procedurally unconscionable, … Continue reading →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , , , , , , , , , | Comments Off on NM Supreme Court issues four decisions in civil cases

Petition for mandamus asks NM Supreme Court to recognize same-sex marriage

by Emil J. Kiehne Posted on June 27, 2013

Joey Peters has this story in the Santa Fe Reporter, reporting that State Representative Brian Egolf (D-Santa Fe), who is an attorney, has filed a petition for writ of mandamus in the New Mexico Supreme Court on behalf of two … Continue reading →

Posted in New Mexico Supreme Court, News, Opinions and Analysis | Tagged , , | 2 Comments

“New Mexico Supreme Court to hear gambling case against Las Cruces Internet cafe owner”

by Emil J. Kiehne Posted on June 26, 2013

Milan Simonich has this article in the Las Cruces Sun-News about the case of Michael Vento, an internet café owner who offered his customers an opportunity to win sweepstakes prizes, but ended up getting prosecuted and convicted for violation of … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on “New Mexico Supreme Court to hear gambling case against Las Cruces Internet cafe owner”

Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements

by Emil J. Kiehne Posted on June 25, 2013

In Free Speech v. Federal Election Commission, the Tenth Circuit rejected a First Amendment challenge to several FEC regulations defining what groups must disclose information about their donors. A federal statute, 2 U.S.C. § 434(c) requires anyone who makes “independent … Continue reading →

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , | Comments Off on Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements

Calling judge a “drunken idiot on the bench,” among other things, earns attorney sanction from NM Supreme Court

by Emil J. Kiehne Posted on June 24, 2013

Today the New Mexico Supreme Court issued a published opinion (In re Ortiz) sanctioning an attorney for repeated instances of unprofessional behavior, sending a message that the Court will not be tolerant of this sort of conduct. Justice Chavez‘s opinion recounts multiple … Continue reading →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , | Comments Off on Calling judge a “drunken idiot on the bench,” among other things, earns attorney sanction from NM Supreme Court

Former Justice Patricio Serna to be honored at Living Treasures ceremony

by Emil J. Kiehne Posted on June 21, 2013

Former New Mexico Supreme Court Justice Patricio M. Serna will be one of three seniors honored this weekend at the Living Treasures ceremony in Santa Fe, according to this article by Adele Oliveira in the Santa Fe New Mexican. The article … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on Former Justice Patricio Serna to be honored at Living Treasures ceremony

“DA seeks relief over polygraph decision”

by Emil J. Kiehne Posted on June 20, 2013

The Second Judicial District Attorney’s Office has filed a petition for an extraordinary writ, asking the New Mexico Supreme Court to overturn a trial judge’s ruling allowing a defendant in a murder trial to cross-examine a prosecution witness with the … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on “DA seeks relief over polygraph decision”

Senate confirms Kenneth Gonzales as federal district judge for New Mexico

by Emil J. Kiehne Posted on June 18, 2013

Yesterday the United States Senate confirmed U.S. Attorney Kenneth Gonzales as a federal district judge in New Mexico. Michael Coleman has this report in the Albuquerque Journal, and Main Justice, a news site that focuses on the inner workings of … Continue reading →

Posted in News | Tagged | Comments Off on Senate confirms Kenneth Gonzales as federal district judge for New Mexico

“New Mexico Supreme Court affirms conviction in Carlsbad killing”

by Emil J. Kiehne Posted on June 17, 2013

The Carlsbad Current-Argus has this report about a non-precedential opinion (State v. Lopez) issued last week by the New Mexico Supreme Court, affirming the first-degree murder conviction of a former Mexican police officer who killed a man in Carlsbad in 2009.

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on “New Mexico Supreme Court affirms conviction in Carlsbad killing”