Author Archives: Emil J. Kiehne

Possession of “The Girl With the Dragon Tattoo” violated probation, says NM Court of Appeals

by Emil J. Kiehne Posted on May 5, 2015

A defendant was on probation for sex offenses. The conditions of his probation prohibited him from possessing “any sexually oriented or sexually stimulating material.” The New Mexico Court of Appeals held that defendant violated the conditions of his probation by possessing … Continue reading →

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U.S. Chamber of Commerce files amicus brief in 10th Circuit arguing against excessive punitive damages

by Emil J. Kiehne Posted on May 4, 2015

According to this post from the Mayer Brown law firm’s terrific Punitive Damages Blog, the U.S. Chamber of Commerce has filed an amicus curiae brief in Lompe v. Sunridge Partners, LLC, arguing that a federal district court in Wyoming incorrectly … Continue reading →

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I’ve joined the board of the New Mexico Foundation for Open Government

by Emil J. Kiehne Posted on May 4, 2015

I’m pleased to announce that I’ve been elected to the board of the New Mexico Foundation for Open Government. The Foundation is a non-profit organization dedicated to helping the public understand and exercise its rights under the First Amendment and … Continue reading →

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10th Circuit: Appellant must actually explain how the trial court erred to win on appeal

by Emil J. Kiehne Posted on April 30, 2015

“The first task of an appellant is to explain to us why the district court’s decision was wrong.” So begin’s today’s opinion in Nixon v. City and County of Denver, in which the Tenth Circuit again had the unfortunate task … Continue reading →

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Former NM public officials can be sued for whistleblower violations

by Emil J. Kiehne Posted on April 24, 2015

In 2010, New Mexico Secretary of State Mary Herrera fired two employees of her office, James Flores and Manny Vildasol, after they reported to the FBI what they considered to be criminal activity by Herrera. At the time, she was … Continue reading →

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Learn about Magna Carta at Albuquerque’s Law Day Luncheon on May 1

by Emil J. Kiehne Posted on April 22, 2015

The Albuquerque Bar Association will be hosting its annual Law Day Luncheon at the Hyatt Regency Downtown on Friday, May 1, at noon. Since 2015 marks the 800th anniversary of Magna Carta, special guest Prof. Renee Lettow Lerner of George Washington … Continue reading →

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Erwin Chemerinsky to speak in Santa Fe on April 30

by Emil J. Kiehne Posted on April 17, 2015

Dean Erwin Chemerinsky will be giving a talk called “An Amazing Time in the Supreme Court” on Thursday, April 30 at noon at the La Fonda Hotel in Santa Fe. The event is hosted by the New Mexico Chapter of … Continue reading →

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Copper Rule affirmed by New Mexico Court of Appeals

by Emil J. Kiehne Posted on April 9, 2015

Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission. … Continue reading →

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10th Circuit explains how not to handle an appeal

by Emil J. Kiehne Posted on March 27, 2015

Yesterday the Tenth Circuit issued a non-precedential order, written by Judge Neil Gorsuch, dismissing the appeal in Alejandre-Gallegos v. Holder, an immigration case. The order describes the remarkable conduct of appellant’s counsel, who apparently did not cite the record or any … Continue reading →

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Jess Bravin to speak at UNM Law School on April 2

by Emil J. Kiehne Posted on March 23, 2015

Jess Bravin, the Wall Street Journal’s Supreme Court correspondent, will deliver the John Field Simms, Sr. Memorial Lecture at UNM Law School in Albuquerque on Thursday, April 2, beginning at 4:30 p.m. (The lecture is named for a founding member … Continue reading →

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