Monthly Archives: August 2013

New Mexico Supreme Court issues decision in high-profile Elane Photography case

Today the New Mexico Supreme Court issued its decision in the high-profile case of Elane Photography LLC v. Willock. Because I am counsel in this case, I cannot comment on the decision, but the Court’s opinion was written by Justice Chavez, … Continue reading

Posted in New Mexico Supreme Court, News, Opinions and Analysis | Tagged , , , | 3 Comments

Watch those verdict forms, says Tenth Circuit

As an appellate lawyer, I have a continuing (and probably unhealthy) obsession with verdict forms. Just like any other jury instruction, they can make or break your appeal. So it’s important to know when you must object to them, and … Continue reading

Posted in Opinions and Analysis, Preservation of Error, Tenth Circuit | Tagged , , | Comments Off on Watch those verdict forms, says Tenth Circuit

NM Supreme Court denies petitions seeking recognition of same-sex marriage

Steve Terrell’s excellent Roundhouse Roundup blog reports that the New Mexico Supreme Court has denied the petitions for writ of mandamus in Hanna v. Salazar and Griego v. Oliver, which asked the Court to recognize a right to same-sex marriage in New … Continue reading

Posted in New Mexico Supreme Court, News | Tagged , , , | 1 Comment

Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

Officer Kevin Schultz of the Pojoaque tribal police department died a hero. While acting as a chaperone for a church youth group, he jumped in the Rio Grande to save a child who was drowning, but was unable to save … Continue reading

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

NM Supreme Court reaffirms right of non-English speakers to serve on juries

One of today’s headlines at Drudge Report is “You can serve on jury even if you don’t understand english” (sic), referring to yesterday’s decision by the New Mexico Supreme Court in State v. Samora, which reaffirmed that proposition. Juror service … Continue reading

Posted in New Mexico Supreme Court, Preservation of Error | Tagged , , , | Comments Off on NM Supreme Court reaffirms right of non-English speakers to serve on juries

District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

During the guilty plea colloquy for a defendant who was a Mexican national, the district judge advised him that deportation would be a likely result of his guilty plea, and the defendant said he understood. In a later habeas corpus … Continue reading

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

“Supreme Court to take up suit against recall group”

According to this report by Matthew van Buren in the Taos News, the New Mexico Supreme Court has agreed to hear Cordova v. Cline, a case involving the interpretation of New Mexico’s anti-SLAPP statute. Arsenio Cordova, an former board member … Continue reading

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on “Supreme Court to take up suit against recall group”

“NM Supreme Court decides licensing board improperly revoked counselor’s license”

Milan Simonich has this report in the Carlsbad Current-Argus about this week’s non-precedential decision by the New Mexico Supreme Court in Avalos v. New Mexico Counseling and Therapy Practice Board. The Supreme Court, in an opinion written by Justice Charles … Continue reading

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on “NM Supreme Court decides licensing board improperly revoked counselor’s license”

“Last Chance? 10th Circuit Court could decide fate of defunded New Mexico agencies”

Dennis Grantham has this report at Behavioral Healthcare about the recent and controversial decision by the New Mexico Human Services Department to defund several mental health care providers over allegations of fraud. United States District Judge Christina Armijo denied the providers’ request … Continue reading

Posted in News, Tenth Circuit | Tagged | Comments Off on “Last Chance? 10th Circuit Court could decide fate of defunded New Mexico agencies”

President Obama nominates Kansas Supreme Court Justice Nancy Moritz to the Tenth Circuit

Yesterday, the White House announced President Obama’s appointment of Kansas Supreme Court Justice Nancy L. Moritz to the Tenth Circuit. The Topeka Capital-Journal has this report on Justice Moritz’s nomination.  If confirmed, Justice Moritz will take the seat vacated by … Continue reading

Posted in News, Tenth Circuit | Tagged , | Comments Off on President Obama nominates Kansas Supreme Court Justice Nancy Moritz to the Tenth Circuit