Author Archives: Emil J. Kiehne

My most popular posts of 2015

Happy New Year! Here are the top 10 most popular posts on the New Mexico Appellate Law Blog from 2015. Thanks again to all readers of this blog! 1.  NM court rejects man’s claim that neighbor’s use of wi-fi and cell … Continue reading

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UNM student will ask Tenth Circuit to revive lawsuit alleging she was penalized for criticizing lesbianism

According to this story by Maggie Shepard in the Albuquerque Journal, a University of New Mexico student, Monica Pompeo, will ask the Tenth Circuit to reverse the dismissal of her lawsuit alleging that UNM violated her First Amendment rights by penalizing her … Continue reading

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Planned Parenthood appeals to 10th Circuit from ruling allowing Utah to cut off funds

Last week a federal judge upheld the State of Utah’s decision to cut off funds to Planned Parenthood, an organization that has become increasingly controversial in the wake of undercover videos which allegedly show executives and employees engaged in selling … Continue reading

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Defense verdict in New Mexico wrongful death case reversed on Batson violation

The New Mexico Court of Appeals has reversed a defense verdict in a wrongful death case, holding that the defendants’ use of peremptory jury strikes to remove Hispanics from the jury was unconstitutional and violated the principles established by the U.S. … Continue reading

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Justice Nakamura’s swearing-in ceremony

On Friday afternoon I had the pleasure of attending the swearing-in ceremony for Justice Judith Nakamura at the Balloon Fiesta grounds in Albuquerque. That location was chosen because Justice Nakamura is a licensed hot-air balloon pilot. Here are some photos … Continue reading

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GOP legislators ask NM Supreme Court to reconsider strict criminal case deadlines

Deborah Baker of the Albuquerque Journal has this story about a letter that 16 Republican state legislators sent to the New Mexico Supreme Court, asking it to relax strict deadlines it imposed on the prosecution of criminal cases in Bernalillo … Continue reading

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Court rejects challenge to Justice Nakamura’s appointment to NM Supreme Court

According to this story by Phaedra Haywood in the Santa Fe New Mexican, state district court judge David Thomson dismissed disbarred lawyer Stuart Stein’s lawsuit challenging the constitutionality of Justice Nakamura’s appointment to the New Mexico Supreme Court. Mr. Stein’s … Continue reading

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Swearing-in ceremony for Justice Nakamura on December 11

New Mexico’s newest Supreme Court justice, Judith Nakamura, will be sworn in on Friday, December 11, 2015, at 4:00 p.m. This event will be held at Sid Cutter Pilots’ Pavilion at 4900 Balloon Fiesta Parkway NE in Albuquerque. A reception … Continue reading

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NM Court of Appeals clarifies standards for reverse discrimination claims

In Garcia v. Hatch Valley Public Schools, the plaintiff, a female school bus driver of German descent (with a Hispanic surname by marriage), alleges her firing was the result of racial and national origin discrimination. She sued the defendant school district … Continue reading

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The lawsuit challenging Judge Nakamura’s appointment to the NM Supreme Court lacks merit

According to this report by Phaedra Haywood in the Santa Fe New Mexican, disbarred lawyer Stuart Stein has filed a lawsuit challenging Judge Judith Nakamura’s appointment to the New Mexico Supreme Court on the ground that the Judicial Nominating Commission … Continue reading

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