Author Archives: Emil J. Kiehne

“Feds: Jemez Pueblo abandoned claim to Valles Caldera”

by Emil J. Kiehne Posted on March 1, 2016

In the ongoing dispute over ownership of the Valles Caldera (which I challenge anyone to dispute is the most beautiful place in New Mexico) the federal government has filed a motion arguing that Jemez Pueblo abandoned its claim to title … Continue reading →

Posted in News | Tagged , | Comments Off on “Feds: Jemez Pueblo abandoned claim to Valles Caldera”

Justice Nakamura issues her first two opinions for the NM Supreme Court

by Emil J. Kiehne Posted on February 29, 2016

Justice Nakamura took office in December, and has now issued her first two opinions for the unanimous Supreme Court: 1. In State v. Anthony Holt, the Court upheld the breaking-and-entering conviction of a man who was in the process of … Continue reading →

Posted in New Mexico Supreme Court, Procedure | Tagged , , , , , | Comments Off on Justice Nakamura issues her first two opinions for the NM Supreme Court

10th Circuit upholds Colorado’s “Amazon” tax reporting statute

by Emil J. Kiehne Posted on February 29, 2016

Last week the Tenth Circuit issued an important decision affecting the realm of online commerce. In Direct Marketing Association v. Brohl, the Court rejected a Dormant Commerce Clause challenge to a Colorado statute requiring certain online retailers to report sales in Colorado, … Continue reading →

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , , | 1 Comment

Have lunch with Justice Nakamura

by Emil J. Kiehne Posted on February 29, 2016

This Friday, March 4, at noon, the Appellate Practice Section of the State Bar will host Justice Judith K. Nakamura for a brown-bag lunch at the State Bar Center in Albuquerque. These regular lunches present good opportunities to meet our … Continue reading →

Posted in Events, New Mexico Supreme Court | Tagged , | Comments Off on Have lunch with Justice Nakamura

NM Court of Appeals: Statutes mean what they say

by Emil J. Kiehne Posted on February 22, 2016

Two recent decisions by our Court of Appeals, both written by Judge Bustamante, and both issued on February 9, have rejected attempts by parties to expand statutes beyond their plain meaning. In Wells Fargo Bank N.A. v. Pyle, a foreclosure … Continue reading →

Posted in New Mexico Court of Appeals | Tagged , , , | Comments Off on NM Court of Appeals: Statutes mean what they say

Stephen French sworn in as a New Mexico Court of Appeals judge

by Emil J. Kiehne Posted on February 22, 2016

On Friday morning, Stephen French was sworn in as a judge of the New Mexico Court of Appeals. Judge Miles Hanisee administered the oath of office. I have heard there will be a public welcoming ceremony for Judge French, but … Continue reading →

Posted in New Mexico Court of Appeals, News | Tagged | Comments Off on Stephen French sworn in as a New Mexico Court of Appeals judge

NM Supreme Court: Traditional indemnity unavailable in comparative fault cases

by Emil J. Kiehne Posted on February 18, 2016

Today the New Mexico Supreme Court issued a decision in Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS, holding that traditional indemnification is not available when a jury has imposed liability on an actively-liable tortfeasor under comparative fault principles. … Continue reading →

Posted in New Mexico Supreme Court, Opinions and Analysis | Tagged , , , | Comments Off on NM Supreme Court: Traditional indemnity unavailable in comparative fault cases

NM Supreme Court stays decision extending workers’ comp to farm and ranch workers

by Emil J. Kiehne Posted on February 18, 2016

The New Mexico Supreme Court has entered an order staying the Court of Appeals’ decision in Rodriguez v. Brand West Dairy, which struck down as unconstitutional a statute excluding farm and ranch employees from the workers’ compensation system. The stay will … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , , | Comments Off on NM Supreme Court stays decision extending workers’ comp to farm and ranch workers

Breaking: Gov. Martinez appoints Stephen French to NM Court of Appeals

by Emil J. Kiehne Posted on February 18, 2016

I have it on good authority that Governor Martinez will appoint respected Albuquerque lawyer Stephen French to the New Mexico Court of Appeals to fill the vacancy created by Judge Cynthia Fry’s retirement. Congratulations to Judge French! UPDATE: KRQE has … Continue reading →

Posted in Uncategorized | Tagged , , | Comments Off on Breaking: Gov. Martinez appoints Stephen French to NM Court of Appeals

Failure to provide written jury instructions in Spanish did not doom conviction, says NM Court of Appeals

by Emil J. Kiehne Posted on February 17, 2016

The New Mexico Constitution explicitly protects the right of non-English speakers to serve on juries. See N.M. Const., Article VII, Section 3. As a result, it is fairly common for speakers of Spanish, Navajo, and other languages to serve on juries with … Continue reading →

Posted in Uncategorized | Tagged , , , | Comments Off on Failure to provide written jury instructions in Spanish did not doom conviction, says NM Court of Appeals