Author Archives: Emil J. Kiehne

Former New Mexico Supreme Court Justice Dan Sosa, Jr. dies at 92

by Emil J. Kiehne Posted on September 7, 2016

According to this report by Steve Ramirez in the Las Cruces Sun-News, one of the giants of the New Mexico legal community, former Justice Dan Sosa, Jr., passed away on Saturday in Las Cruces. Justice Sosa was born in humble … Continue reading →

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NM Supreme Court: Whistleblowers can’t sue state officials in their personal capacities

by Emil J. Kiehne Posted on August 24, 2016

Former New Mexico Secretary of State Mary Herrera allegedly fired two employees of her office in 2010 for speaking with the FBI, which was investigating her conduct. The employees sued Herrera under the New Mexico Whistleblower Protection Act. Last year, … Continue reading →

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Judges Bustamante & Kennedy to retire from NM Court of Appeals

by Emil J. Kiehne Posted on August 2, 2016

According to the Judicial Nominating Commission, Judge Michael Bustamante will retire from the New Mexico Court of Appeals on October 31, 2016, and Judge Roderick Kennedy will retire from the Court on November 30, 2016. Andrew Oxford has this comprehensive … Continue reading →

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NM Supreme Court rejects right to assisted suicide

by Emil J. Kiehne Posted on June 30, 2016

The New Mexico Supreme Court has issued a unanimous opinion (written by Justice Chavez) in Morris v. Brandenburg rejecting the claim that the New Mexico Constitution creates a right to assisted suicide. Because the plaintiffs based their claim solely on … Continue reading →

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NM Supreme Court restricts judges’ use of social media. Did it go too far?

by Emil J. Kiehne Posted on June 21, 2016

Yesterday the New Mexico Supreme Court issued an opinion in State v. Thomas, reversing a murder conviction because an expert witness for the prosecution testified via Skype, which the Court held violated the Confrontation Clause. But the Court, in an … Continue reading →

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Tenth Circuit: Hot dispute over Hatch chile trademark case leads to ruling that documents may be obtained from non-parties without a deposition

by Emil J. Kiehne Posted on June 20, 2016

It’s an understatement to say that chile peppers are an important part of New Mexico’s cuisine and culture. And, as the Tenth Circuit said last week in El Encanto, Inc. v. Hatch Chile Company, Inc., New Mexico’s “Hatch Valley may … Continue reading →

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NM Court of Appeals: Police not immune from loss of consortium claims

by Emil J. Kiehne Posted on June 10, 2016

In Thompson v. City of Albuquerque, the Court of Appeals has held that the Tort Claims Act does not shield law enforcement officers from loss of consortium claims. The unanimous opinion in this case was written by Judge Michael Bustamante.

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NM Supreme Court: Flat fees for contract public defenders don’t violate right to effective assistance

by Emil J. Kiehne Posted on June 7, 2016

In the first episode of Better Call Saul‘s first season, Jimmy McGill complains about the $700 paycheck he received for representing three teenagers accused of indecent acts as a New Mexico contract public defender. While that scene was played for … Continue reading →

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Have lunch with Chief Judge Michael Vigil

by Emil J. Kiehne Posted on June 3, 2016

On Friday, June 10, the Appellate Practice Section will be hosting a brown-bag lunch with Chief Judge Michael Vigil of the Court of Appeals. The lunch will begin at noon at the State Bar Center in Albuquerque. Space is limited, … Continue reading →

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NM Supreme Court: Fraudulent concealment doctrine applies to wrongful death claims

by Emil J. Kiehne Posted on May 20, 2016

The New Mexico Supreme Court has held that the doctrine of fraudulent concealment can toll the statute of limitations for wrongful death claims. The opinion is Estate of Brice v. Toyota Motor Corporation, written by Justice Maes (Justice Nakamura did … Continue reading →

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