Monthly Archives: June 2013

“Judicial conclave delves into implications of tech advances”

by Emil J. Kiehne Posted on June 17, 2013

District Judge Alan M. Malott has this interesting article in the Albuquerque Journal about last week’s New Mexico Judicial Conclave. The state’s judges heard from several experts on neuroscience and human behavior on how recent advances in scientific knowledge affect … Continue reading →

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Tenth Circuit gives broad interpretation to whistleblower protections of Sarbanes-Oxley Act

by Emil J. Kiehne Posted on June 14, 2013

Last week, in Lockheed Martin Corporation v. Administrative Review Board, DOL (June 4, 2013), the Tenth Circuit, in an opinion by Judge Michael Murphy, dealt a blow to business interests who had been arguing for a narrow interpretation of the whistleblower protections … Continue reading →

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Visit the 10th Circuit for CLE credit with Justice Scalia

by Emil J. Kiehne Posted on June 13, 2013

If you are in need of CLE credits, and would like to visit the lovely Tenth Circuit, Justice Antonin Scalia and Professor John S. Baker, Jr. will be teaching a CLE course on the Separation of Powers on August 22-23, … Continue reading →

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Three new NM Supreme Court decisions today

by Emil J. Kiehne Posted on June 13, 2013

Today the New Mexico Supreme Court issued the following decisions: 1.  State v. Davis. In an opinion by Chief Justice Petra Jimenez Maes, the Court held that 72-year old defendant Norman Davis voluntarily consented to a search of his property for marijuana, despite … Continue reading →

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Child endangerment conviction affirmed: father smoked meth, kept unsecured firearms in home

by Emil J. Kiehne Posted on June 13, 2013

Yesterday, in State v. Schaaf, the New Mexico Court of Appeals affirmed a father’s conviction for “negligent child abuse by endangerment.” Five-year old triplets lived in the home, along with a teenager. In upholding the conviction, Judge Cynthia Fry‘s opinion notes that … Continue reading →

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Police expert testimony on drug trafficking is not governed by Daubert/Alberico standard

by Emil J. Kiehne Posted on June 12, 2013

In State v. Rael-Gallegos, the defendant was convicted of possession of cocaine with intent to distribute. Defendant contended that the cocaine in her possession was for her personal use, not for distribution. At trial, the State presented the expert testimony … Continue reading →

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Dry ice bombs are not “explosives,” NM Court of Appeals holds

by Emil J. Kiehne Posted on June 11, 2013

Dry ice bombs may be illegal at Disneyland, but not in New Mexico. That seems to be the lesson of the Court of Appeals’ recent decision in State v. Alverson. When Alamogordo police searched Kevin Alverson’s car, they found two … Continue reading →

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Telephonic approval of search warrants okay in New Mexico

by Emil J. Kiehne Posted on June 10, 2013

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … Continue reading →

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“Tenth Circuit Allows Foreclosure on Purchase-Money Resulting Trust”

by Emil J. Kiehne Posted on June 10, 2013

Prof. Gerry W. Beyer of Texas Tech Law School has this post at the Wills, Trusts & Estates Prof Blog on the Tenth Circuit’s recent decision in United States v. Tingey (May 29, 2013). Judge Harris Hartz wrote the Court’s opinion.

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Medical malpractice damages cap is constitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 7, 2013

A plaintiff suffered severe and painful injuries, and required subsequent surgeries, as a result of errors made during a colonoscopy. A jury awarded the plaintiff $1,000,000 in damages, but the trial court reduced the award to $600,000 to comply with … Continue reading →

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