Author Archives: Emil J. Kiehne

NM Supreme Court: County must provide a defense for anyone it commissions to act as a deputy sheriff

by Emil J. Kiehne Posted on May 21, 2015

In New Mexico, one can easily pass back and forth between Indian tribal lands and non-tribal lands, often without knowing it. Under federal law, Indian tribal police officers have extremely limited authority to enforce state and tribal criminal laws against non-Indians. Thus, many New Mexico … Continue reading →

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New Mexico Law Review publishes issue dedicated to “Breaking Bad”

by Emil J. Kiehne Posted on May 20, 2015

Chief Justice John Roberts has criticized law reviews for their tendency to publish boring, theoretically-focused articles that have little relevance to the practice of law. As if in answer to the good Chief Justice’s criticisms, the New Mexico Law Review … Continue reading →

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Have lunch with Justice Richard Bosson

by Emil J. Kiehne Posted on May 20, 2015

As part of its series of lunches with New Mexico’s appellate judges, the Appellate Practice Section of the New Mexico State Bar will be sponsoring a brown-bag lunch with Justice Richard C. Bosson at the State Bar Center on Friday, June … Continue reading →

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Check out the (relatively) new appellate blog, “I Object!”

by Emil J. Kiehne Posted on May 18, 2015

I recently learned of the very helpful I Object! A Blog on Preservation of Error, which was started in October 2014 by the Florida law firm of Carlton Fields Jorden Burt. As the name implies, the blog addresses the finer points of … Continue reading →

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Agency’s failure to review record was abuse of discretion, says NM Court of Appeals

by Emil J. Kiehne Posted on May 15, 2015

Patricia Vigil, a state government employee, claimed she was disabled as a result of her work. A hearing officer of the Public Employees Retirement Board conducted a hearing, concluded she was disabled, and found that no pre-existing condition had significantly … Continue reading →

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NM Court of Appeals: 10.5 months was sufficient time to file medical malpractice lawsuit

by Emil J. Kiehne Posted on May 13, 2015

The New Mexico Medical Malpractice Act creates a statute of repose, not a statute of limitations. This means that a medical negligence lawsuit against a qualified healthcare provider must be filed within three years of the malpractice, regardless of whether the … Continue reading →

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10th Cir.: Remand order under McCarran-Ferguson Act isn’t appealable

by Emil J. Kiehne Posted on May 11, 2015

When an insurer becomes insolvent, state law (not federal bankruptcy law) controls the proceedings. A Utah insurer became insolvent, and the liquidator sued several affiliate companies in state court to recover funds that the insurer transferred to them before going belly … Continue reading →

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DEA steals $16,000 from man traveling through Albuquerque

by Emil J. Kiehne Posted on May 6, 2015

The front page of today’s Albuquerque Journal carries this disturbing story by Joline Gutierrez Kruger. According to the story, Joseph Rivers, a 22-year old African-American man from Michigan, was traveling from Michigan to Los Angeles to make a music video. Rivers … Continue reading →

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10th Circuit: New Mexico county’s challenge to election injunction is moot

by Emil J. Kiehne Posted on May 6, 2015

A lot of problems occurred in the City of Rio Rancho during the 2012 general election. Long lines as a result of too few voting locations drove many potential voters to give up in frustration. Several voters filed a Section … Continue reading →

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NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction

by Emil J. Kiehne Posted on May 5, 2015

A defendant removed a window screen at a home, when he noticed a woman inside, and realized that she had spotted him. He then left. Was this breaking and entering? By a 2-1 vote, the Court of Appeals upheld defendant’s … Continue reading →

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