Monthly Archives: March 2014

Tenth Circuit reverses order granting new trial to Deming, NM’s Reese family in gun case

by Emil J. Kiehne Posted on March 21, 2014

The saga of the Reese family, who owned a gun store in Deming, New Mexico, has become something of a cause célèbre among Second Amendment advocates. They were charged with conspiracy, aiding and abetting straw purchases of firearms, gun smuggling, … Continue reading →

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“Contrary to sound principles of judicial and common sense, we are required to hear this direct appeal….”

by Emil J. Kiehne Posted on March 20, 2014

So said Justice Bosson today in a non-precedential decision, Town of Silver City v. Ferranti, commenting on a statute (NMSA 1978, sec. 35-15-11) which provides a municipality with a right of direct appeal to the New Mexico Supreme Court “from any … Continue reading →

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E-Discovery Expert Maura Grossman to Speak in Albuquerque

by Emil J. Kiehne Posted on March 17, 2014

Well-known e-discovery expert Maura R. Grossman, of the law firm Wachtell, Lipton, Rosen & Katz in New York, will be conducting a CLE seminar this Wednesday, March 19, at the State Bar Center here in Albuquerque. The seminar’s title is … Continue reading →

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Senate confirms Judge Carolyn McHugh to Tenth Circuit

by Emil J. Kiehne Posted on March 12, 2014

Today the Senate voted 98-0 to confirm Utah Court of Appeals Judge Carolyn McHugh to the Tenth Circuit. Thomas Burr has this story about today’s events in the Salt Lake Tribune. For my previous posts on Judge McHugh’s nomination, please see … Continue reading →

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“Senate set to elevate Utah judge to 10th Circuit”

by Emil J. Kiehne Posted on March 11, 2014

According to this report by Thomas Burr in the Salt Lake Tribune, the Senate is likely to confirm Judge Carolyn McHugh of the Utah Court of Appeals to the Tenth Circuit. You can read my previous posts about President Obama’s … Continue reading →

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Tenth Circuit holds that Guarantee Clause claim is justiciable

by Emil J. Kiehne Posted on March 10, 2014

The Guarantee Clause (or “Guaranty” Clause) is located in Article IV, Section 4, and provides that “The United States shall guarantee to every State in this Union a Republican Form of Government….” It’s one of those clauses of the Constitution that … Continue reading →

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On representing unpopular clients, and taking the Fifth

by Emil J. Kiehne Posted on March 6, 2014

Yesterday two news items illustrated the unfortunate public misunderstanding of a lawyer’s role in representing clients, and its misunderstanding of the basis for an important constitutional right: 1.  First, the Senate yesterday rejected President Obama’s nomination of Debo Adegbile to … Continue reading →

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War Powers Clause does not authorize abrogation of state sovereign immunity, holds NM Court of Appeals

by Emil J. Kiehne Posted on March 5, 2014

It’s not often that our state courts have an opportunity to address the War Powers Clause of the Constitution (otherwise known as Article I, Section 8, Clause 11), but the Court of Appeals has held, in Ramirez v. State of … Continue reading →

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New Mexico Supreme Court issues four published decisions in February 2014

by Emil J. Kiehne Posted on March 3, 2014

Below is my summary of the four published decisions the New Mexico Supreme Court issued in February 2014: 1.   Rayellen Resources, Inc. v. New Mexico Cultural Properties Review Committee (Feb. 6, 2014). The Court affirmed the decision of the New … Continue reading →

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