Author Archives: Emil J. Kiehne

This week’s oral arguments at NMSC: Warrior genes, the medical malpractice cap, and more

by Emil J. Kiehne Posted on November 4, 2019

It’s oral argument week at the New Mexico Supreme Court, and here’s the lineup: Monday, November 4, 2019 State v. Yepez. Should a criminal defendant be able to introduce evidence that he has a “warrior gene” which predisposes him to … Continue reading →

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CA10: Affirmative withdrawal of challenge to presentence report is a waiver

by Emil J. Kiehne Posted on October 29, 2019

Defendant, Brice Ashton Carter, was convicted of possessing a firearm as a felon. A confidential informant told federal agents that Carter had used two firearms as payment for some methamphetamine. Relying on the informant’s statements, the presentence investigation report applied … Continue reading →

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NMCA: Testimony about threatening text did not violate best evidence rule where victim’s phone could not be unlocked

by Emil J. Kiehne Posted on October 24, 2019

Thomas Stevenson appealed his conviction for shooting into a motor vehicle. He argued that the victim’s nephew’s testimony about a threatening text that Stevenson allegedly sent to the victim was inadmissible under the best evidence rule, because the State should … Continue reading →

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Albuquerque lawyer Kerry Morris to run for New Mexico Supreme Court

by Emil J. Kiehne Posted on October 22, 2019

Last week, candidates for state elected offices in New Mexico were required to file contribution-and-expense reports. These reports reveal that the first challenger for the New Mexico Supreme Court seats held by Justices Shannon Bacon and David Thomson has come … Continue reading →

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CA10: Violence in El Salvador is not, by itself, a basis for asylum

by Emil J. Kiehne Posted on October 18, 2019

Several years ago, Santos Raul Escobar-Hernandez was attacked by a man named Nelson in El Salvador over some political graffiti near his house, and attacked again even after he removed it. His application for asylum in the United States was … Continue reading →

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NMCOA rejects challenge to radar technology used to determine drivers’ speed

by Emil J. Kiehne Posted on October 18, 2019

Defendant Juan Garcia was convicted of driving 78 miles per hour in a 65-mile-per-hour speed zone, based on the testimony of a police officer who used radar technology to determine his speed. On appeal, Garcia argued that expert testimony was … Continue reading →

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Colorado will ask SCOTUS to review Tenth Circuit’s ruling on “faithless electors”

by Emil J. Kiehne Posted on October 17, 2019

Colorado’s secretary of state and attorney general have announced that they will ask the Supreme Court to review the Tenth Circuit’s ruling in Baca v. Colorado Department of State. That decision held that the federal constitution bars Colorado from disqualifying … Continue reading →

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Congratulations to the new Chief Judge of the New Mexico Court of Appeals, Miles Hanisee

by Emil J. Kiehne Posted on October 16, 2019

Judge Miles Hanisee was recently sworn in as Chief Judge of the New Mexico Court of Appeals. He takes over from Judge Monica Zamora, who served in the post since January. Chief Judge Hanisee was originally appointed to the Court … Continue reading →

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“‘Faithless Electors’ Could Tip the 2020 Election. Will the Supreme Court Stop Them?”

by Emil J. Kiehne Posted on October 14, 2019

This article by Adam Liptak in the New York Times describes a split in authority between the Washington Supreme Court, which upheld a law imposing fines on “faithless electors” who vote contrary to their state’s presidential vote winner, and the … Continue reading →

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CA10: Use of code words, and time spent with drug dealer, sufficient to support drug convictions

by Emil J. Kiehne Posted on October 9, 2019

In United States v. Duran (opinion by Judge Bacharach), the Tenth Circuit upheld the defendant’s convictions for drug distribution offenses. The evidence was sufficient, although the government offered no direct evidence the defendant possessed cocaine. In telephone conversations with a … Continue reading →

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