Monthly Archives: September 2013

“Utahn lauded as 10th Circuit appeals court pick”

by Emil J. Kiehne Posted on September 26, 2013

How Appealing has this post about yesterday’s Senate confirmation hearing for Utah Court of Appeals Presiding Judge Carolyn McHugh, who seems likely to be our next judge on the Tenth Circuit. You can read my earlier post about Presiding Judge … Continue reading →

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Read the briefs in Griego v. Oliver, the same-sex marriage case in the New Mexico Supreme Court

by Emil J. Kiehne Posted on September 24, 2013

Yesterday, September 23, was the response deadline for response briefs in Griego v. Oliver, the same-sex marriage case that the New Mexico Supreme Court will hear on October 23. According to this report in the Santa Fe New Mexican, several … Continue reading →

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RIP: The Honorable Joe Wood, former judge of the New Mexico Court of Appeals

by Emil J. Kiehne Posted on September 24, 2013

One of the original members of the New Mexico Court of Appeals, Judge Joe Wood (1924-2013), has passed away.  Tom Sharpe has this article about Judge Wood in the Santa Fe New Mexican. As the article notes, Judge Wood was … Continue reading →

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Obama Administration asks SCOTUS to overrule Tenth Circuit’s decision in Hobby Lobby

by Emil J. Kiehne Posted on September 24, 2013

The Solicitor General has filed this petition for writ of certiorari, asking the Supreme Court to overturn the Tenth Circuit’s en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, which held that for-profit corporations may challenge the Obamacare contraceptive mandate under the … Continue reading →

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Arbitration agreements can be enforced in wrongful death cases, says NM Court of Appeals

by Emil J. Kiehne Posted on September 17, 2013

When a personal representative files a wrongful death case, is he or she bound by an arbitration agreement signed by the deceased person (or someone holding a power of attorney for the deceased)? Yesterday, the Court of Appeals answered that question … Continue reading →

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Interesting interview with appellate lawyer Brian Keller posted at lawyerist.com

by Emil J. Kiehne Posted on September 10, 2013

  Lawyerist.com has posted an interesting, two-part interview with appellate lawyer Brian Keller here and here.  Keller is a supervisory appellate attorney in the U.S. Department of the Navy’s appellate division. If you are interested in what makes us appellate law … Continue reading →

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Read the New Mexico County Clerks’ petition in same-sex marriage case

by Emil J. Kiehne Posted on September 10, 2013

As a follow-up to my earlier post on the County Clerks’ petition to the New Mexico Supreme Court asking for guidance on whether they may, or may not, issue same-sex marriage licenses, here are the following documents from the case: 1. The Verified Petition … Continue reading →

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NM Supreme Court proposes changes to rule governing peremptory excusal of judges

by Emil J. Kiehne Posted on September 10, 2013

As a follow-up to its decision in Quality Automotive Center, LLC v. Arrieta, which I discussed earlier in this post, the New Mexico Supreme Court yesterday issued proposed changes to New Mexico Rule of Civil Procedure 1-088.1, which governs the … Continue reading →

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NM Supreme Court will hear same-sex marriage petition on October 23

by Emil J. Kiehne Posted on September 9, 2013

Last week, New Mexico’s 33 county clerks asked the New Mexico Supreme Court to issue a definitive opinion on whether they may, or must, issue marriage licenses to same-sex couples. As things stand, several county clerks are now issuing same-sex … Continue reading →

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New Mexico Supreme Court establishes new standard for peremptory excusals of judges

by Emil J. Kiehne Posted on September 9, 2013

After spending the first four years of my legal career in Philadelphia, I returned to New Mexico in 2004. While I expected that New Mexico practice would differ from Pennsylvania’s, by far the biggest surprise was that each party to … Continue reading →

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