Monthly Archives: January 2016

Tenth Circuit “judges press Utah about polygamy ban in ‘Sister Wives’ case”

by Emil J. Kiehne Posted on January 22, 2016

Donna Bryson of the Associated Press has this report on yesterday’s Tenth Circuit oral argument in Brown v. Buhman, where the State of Utah is challenging a district court’s ruling striking down parts of a state law banning polygamy. The … Continue reading →

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“Editorial: Subjecting out-of-state M.D.s to NM law risky”

by Emil J. Kiehne Posted on January 20, 2016

Yesterday the Albuquerque Journal ran this editorial about Montaño v. Frezza, which is pending in the New Mexico Supreme Court. The case involves a New Mexico plaintiff who allegedly suffered malpractice at the hands of a physician in Texas who worked … Continue reading →

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Three apply for vacant seat on NM Court of Appeals

by Emil J. Kiehne Posted on January 20, 2016

Three lawyers have submitted applications to the Judicial Nominating Commission, seeking to fill the seat vacated by Judge Cynthia Fry at the end of 2015. Here they are in alphabetical order: 1. Stephen G. French is a an experienced and … Continue reading →

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Valerie Plame to speak at NM State Bar on January 19

by Emil J. Kiehne Posted on January 14, 2016

Valerie Plame, the well-known former CIA officer and resident of Santa Fe, will be speaking on national security issues at the New Mexico State Bar Center in Albuquerque at noon on Tuesday, January 19, 2016. This talk is sponsored by … Continue reading →

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10th Circuit rejects habeas claim in Ryder death penalty case

by Emil J. Kiehne Posted on January 12, 2016

James Chandler Ryder believed that the apocalypse would occur on January 1, 2000, and planned to flee to the Yukon, where he believed he could survive that event. Daisy Hallum and her son, Sam, were storing supplies that Mr. Ryder … Continue reading →

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10th Circuit rules against officers who allegedly procured false confession from mentally disabled man

by Emil J. Kiehne Posted on January 12, 2016

The Tenth Circuit has affirmed a trial court’s denial of qualified immunity to several Colorado police officers, who are being sued for allegedly using a confession they knew to be false to charge plaintiff Tyler Sanchez, a man with cognitive … Continue reading →

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“NM vs. Texas — Whose law wins?”

by Emil J. Kiehne Posted on January 11, 2016

Scott Sandlin has this article in today’s Albuquerque Journal about the Montaño v. Frezza case pending before the New Mexico Supreme Court. I’ve previously written about this case here. The plaintiff is a New Mexico resident who underwent gastric bypass surgery at … Continue reading →

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“Our lovely Supreme Court Building” in Santa Fe

by Emil J. Kiehne Posted on January 6, 2016

Paul Weideman has this story in the Santa Fe New Mexican about our Supreme Court’s distinctive building in Santa Fe, which was built in 1937 by the Public Works Administration as part of the New Deal. The story also includes … Continue reading →

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10th Circuit: Arbitration agreement did not allow plaintiff effective vindication of rights

by Emil J. Kiehne Posted on January 6, 2016

In Nesbitt v. FCNH, Inc., the Tenth Circuit has affirmed a trial court’s decision refusing to enforce an arbitration agreement because it did not allow the plaintiff to effectively vindicate her rights. Rhonda Nesbitt sued defendants, claiming that they violated … Continue reading →

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Tenth Circuit upholds rafting company’s liability waiver in wrongful death case

by Emil J. Kiehne Posted on January 6, 2016

Sue Ann Apolinar signed up for a rafting trip on the Arkansas River in Colorado. Tragically, while her raft was passing through a rapid called Seidel’s Suck Hole, it capsized. Other passengers were pulled out, but Ms. Apolinar became stuck … Continue reading →

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