Author Archives: Emil J. Kiehne

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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Tenth Circuit rejects architectural copyright infringement claim

by Emil J. Kiehne Posted on January 6, 2016

In Savant Homes, Inc. v. Collins, the Tenth Circuit affirmed summary judgment for the defense on a homebuilder’s claim that the defendants built two homes based on its copyrighted architectural design. The design, called the Anders Plan, consists of “a ranch house with … Continue reading →

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Deadline to apply for vacant NM Court of Appeals seat is January 19

by Emil J. Kiehne Posted on January 5, 2016

The New Mexico Judicial Nominating Commission has announced that applications to fill the vacancy on the Court of Appeals caused by Judge Cynthia Fry’s retirement are due on Tuesday, January 19, 2016, at 5:00 p.m. You can get a copy … Continue reading →

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NM Supreme Court denies Belen’s hospital appeal

by Emil J. Kiehne Posted on January 4, 2016

Deborah Fox has this story in the Valencia County News-Bulletin, reporting that the New Mexico Supreme Court has denied the City of Belen’s request to review a recent Court of Appeals decision, which held that the Village of Los Lunas has standing to challenge … Continue reading →

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Supreme Court asked to review Oklahoma license plate compelled speech case

by Emil J. Kiehne Posted on January 4, 2016

In August 2015, in Cressman v. Thompson, the Tenth Circuit rejected Keith Cressman’s claim that the State of Oklahoma violated his First Amendment right to freedom of speech by requiring him to use a license plate depicting a Native American … Continue reading →

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