Author Archives: Emil J. Kiehne

NM Supreme Court censures judge for ex parte communication

by Emil J. Kiehne Posted on February 17, 2016

According to this story by Mark Oswald in the Albuquerque Journal, the New Mexico Supreme Court has censured District Judge Sarah Singleton of Santa Fe for an ex parte communication she had with one of the plaintiffs’ lawyers in the FedEx … Continue reading →

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NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction

by Emil J. Kiehne Posted on February 17, 2016

Requildo Cardenas was jolted awake at 1:30 a.m. by someone banging on his front door. He grabbed a gun and demanded to know who was there, but received no answer. Instead, the unknown person continued banging on the door. Cardenas … Continue reading →

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Justice Antonin Scalia, RIP

by Emil J. Kiehne Posted on February 16, 2016

Justice Scalia passed away on Saturday, and the internet is now full of remembrances of him, and evaluations of his highly influential career. I won’t attempt to add to this extensive body of commentary. I’ll just say that while legal … Continue reading →

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Tenth Circuit rejects challenge to donor disclosure requirement in Colorado election law

by Emil J. Kiehne Posted on February 5, 2016

The Independence Institute wanted to run a television ad right before the 2014 general election that criticized Colorado’s failure to audit its health insurance exchange, and which asked viewers to contact the governor (who was then up for re-election) to … Continue reading →

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NM Court of Appeals: Attorney-client arbitration contracts must be supported by informed consent

by Emil J. Kiehne Posted on February 5, 2016

When Ray Castillo retained lawyers to represent him in his personal injury case, he signed a contract with them which provided that “[s]hould any dispute arise, Client and Attorney agree to submit their dispute to arbitration.” When Castillo later sued … Continue reading →

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Panel sends all three Court of Appeals applicants to Governor Martinez

by Emil J. Kiehne Posted on February 1, 2016

My apologies for the lack of posting last week, but I was feeling a bit under the weather. Last week the Judicial Nominating Commission sent the names of all three applicants for the presently vacant Court of Appeals–Stephen French, Julie … Continue reading →

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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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