Author Archives: Emil J. Kiehne

Convictions upheld in 2010 murder of Albuquerque teenager

The New Mexico Supreme Court has issued a non-precedential opinion in State v. Pagan-Rivera, affirming convictions for murder and other crimes in connection with the November 2010 shooting death of eighteen-year-old Dwayne Johnson in Albuquerque. Justice Daniels wrote the opinion. For … Continue reading

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Federal Bar Association to host former Congressman Mickey Edwards on September 24

The New Mexico Chapter of the Federal Bar Association will host former Congressman Mickey Edwards at a luncheon on Thursday, September 24, from 11:30 a.m. to 1:00 p.m. at the Hotel Andaluz in Albuquerque. Edwards will give a talk called … Continue reading

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Tenth Circuit upholds Oklahoma death sentence

The Bryan-College Station Eagle has this story about yesterday’s decision by the Tenth Circuit in Eizember v. Trammell, upholding a death sentence imposed against Scott Eizember as a result of a series of crimes he committed in 2003. Judge Neil … Continue reading

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Tips and useful data on NM Supreme Court practice

At last Friday’s 26th Annual New Mexico Appellate Practice Institute, Justice Richard Bosson and Joey Moya, Clerk of the Court, gave an informative presentation on practice before the New Mexico Supreme Court. Here are some of the useful bits of … Continue reading

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In which prosecutors must keep their promises, and talking to the police does little good

Last week the New Mexico Supreme Court issued its decision in State v. Donovan King, a case where the defendant was convicted of murder and tampering with evidence. After being detained, a police officer relayed a prosecutor’s offer not to … Continue reading

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NM Supreme Court upholds warrantless arrest of shoplifting suspect

Last week the New Mexico Supreme Court, in an opinion by Justice Bosson, upheld the warrantless arrest of a shoplifting suspect in State v. Paananen. Scott Sandlin of the Albuquerque Journal has this story about the decision.

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Judge Gary Clingman to apply for seat on NM Supreme Court

Yesterday the Republican Party of Grant County posted the following photo on its Twitter feed: 1st VC Curtis Stevens Jr. w/NM Supreme Court applicant Gary Clingman during his visit to Silver City yesterday.#nmpol pic.twitter.com/b66Quq56EL — GOP of Grant County (@GrantCounty_GOP) September 13, … Continue reading

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Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court

If a plaintiff asserts a breach of warranty claim under the Uniform Commercial Code, and seeks damages for personal injuries, that claim is governed by the 4-year UCC statute of limitations, not the 3-year statute of limitations for tort claims. So … Continue reading

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Applications for the upcoming NM Supreme Court vacancy are due on October 9

The New Mexico Judicial Nominating Commission has announced that it is accepting applications for the seat on the New Mexico Supreme Court that will be vacated by Justice Richard Bosson on October 31, 2015. As I reported here, Justice Bosson … Continue reading

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A book signing for a biography of the late Prof. Albert E. Utton will be held on Sept. 24

A biography of a highly-respected UNM law professor, the late Albert E. Utton, is being published this month. Appropriately enough, the Utton Center at UNM Law School will host a book launch and signing on September 24. Prof. Utton was an … Continue reading

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