Monthly Archives: September 2015

In which prosecutors must keep their promises, and talking to the police does little good

by Emil J. Kiehne Posted on September 15, 2015

Last week the New Mexico Supreme Court issued its decision in State v. Donovan King, a case where the defendant was convicted of murder and tampering with evidence. After being detained, a police officer relayed a prosecutor’s offer not to … Continue reading →

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NM Supreme Court upholds warrantless arrest of shoplifting suspect

by Emil J. Kiehne Posted on September 14, 2015

Last week the New Mexico Supreme Court, in an opinion by Justice Bosson, upheld the warrantless arrest of a shoplifting suspect in State v. Paananen. Scott Sandlin of the Albuquerque Journal has this story about the decision.

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Judge Gary Clingman to apply for seat on NM Supreme Court

by Emil J. Kiehne Posted on September 14, 2015

Yesterday the Republican Party of Grant County posted the following photo on its Twitter feed: 1st VC Curtis Stevens Jr. w/NM Supreme Court applicant Gary Clingman during his visit to Silver City yesterday.#nmpol pic.twitter.com/b66Quq56EL — GOP of Grant County (@GrantCounty_GOP) September 13, … Continue reading →

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Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court

by Emil J. Kiehne Posted on September 14, 2015

If a plaintiff asserts a breach of warranty claim under the Uniform Commercial Code, and seeks damages for personal injuries, that claim is governed by the 4-year UCC statute of limitations, not the 3-year statute of limitations for tort claims. So … Continue reading →

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Applications for the upcoming NM Supreme Court vacancy are due on October 9

by Emil J. Kiehne Posted on September 11, 2015

The New Mexico Judicial Nominating Commission has announced that it is accepting applications for the seat on the New Mexico Supreme Court that will be vacated by Justice Richard Bosson on October 31, 2015. As I reported here, Justice Bosson … Continue reading →

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A book signing for a biography of the late Prof. Albert E. Utton will be held on Sept. 24

by Emil J. Kiehne Posted on September 11, 2015

A biography of a highly-respected UNM law professor, the late Albert E. Utton, is being published this month. Appropriately enough, the Utton Center at UNM Law School will host a book launch and signing on September 24. Prof. Utton was an … Continue reading →

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Judge Cynthia Fry to retire at the end of 2015

by Emil J. Kiehne Posted on September 10, 2015

The September 9 issue of the New Mexico Bar Bulletin contains an announcement (at page 4) that Judge Cynthia A. Fry of the New Mexico Court of Appeals will be retiring effective December 31, 2015. Judge Fry has had a … Continue reading →

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NM Court of Appeals holds nursing home corporate veil should be pierced

by Emil J. Kiehne Posted on September 9, 2015

In Morrissey v. Krystopowicz, the Court of Appeals has held that where a plaintiff seeks to pierce the corporate veil, the causation-of-injury element can be satisfied by proof that an abuse of the corporate form has caused the plaintiff to … Continue reading →

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NM Supreme Court to review assisted suicide case

by Emil J. Kiehne Posted on September 8, 2015

The New Mexico Supreme Court has granted certiorari in Morris v. Brandenburg, the case in which the plaintiffs are claiming that a right to assistance in committing suicide exists under the New Mexico Constitution. Last month, the Court of Appeals held, in a … Continue reading →

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