Author Archives: Emil J. Kiehne

NM Supreme Court denies emergency petition to fill state Senate vacancy

by Emil J. Kiehne Posted on March 19, 2015

Due to the recent resignation of state Senator Phil Griego, there has been a push to replace him before the current legislative session comes to an end. Senator Griego represented District 39, a large district that includes parts of six … Continue reading →

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NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

by Emil J. Kiehne Posted on March 19, 2015

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading →

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Public trust doctrine does not allow courts to second-guess greenhouse gas regulations

by Emil J. Kiehne Posted on March 18, 2015

The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading →

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Ten tips for preserving your record on appeal

by Emil J. Kiehne Posted on March 9, 2015

Marcia J. Silvers, an attorney from Florida, has published a useful article entitled “How Not to Regret Your Appeal: Ten Tips for Soothing Your Appellate Lawyer” in the Winter 2015 issue of Litigation. I’m not a huge fan of the … Continue reading →

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NM court rejects man’s claim that neighbor’s use of wi-fi and cell phone harmed him

by Emil J. Kiehne Posted on March 6, 2015

The New Mexico Court of Appeals, in an opinion by Judge Jonathan Sutin, has decided Firstenberg v. Monribot, a case that has generated considerable attention in the news media and on some blogs. See here, here, and here. The plaintiff, Arthur Firstenberg, claims that … Continue reading →

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Have lunch with Judge Michael Bustamante

by Emil J. Kiehne Posted on March 6, 2015

The New Mexico State Bar’s Appellate Practice Section and Young Lawyers division are hosting a brown-bag lunch with Judge Michael Bustamante of the New Mexico Court of Appeals. The lunch will begin at noon on Friday, March 13, 2015 at … Continue reading →

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Some criticism of Mora County’s ordinance banning oil and gas drilling

by Emil J. Kiehne Posted on February 18, 2015

In the Weekly Standard, Joseph Bottum has written a story called “Fracking the Constitution: Secessionism on the Left,” which criticizes the Mora County ordinance banning oil and gas drilling. (Hat tip to Overlawyered). Among other things, the ordinance purports to deprive corporations … Continue reading →

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“Meet the New Mexico judge who sentences more people than any other”

by Emil J. Kiehne Posted on February 18, 2015

Joe Palazzolo of the Wall Street Journal’s Law Blog has this interesting post about Judge Robert C. Brack, a federal district court judge in Las Cruces, and reports that he has sentenced 6,708 criminal defendants over the past five years, … Continue reading →

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Cop-killer Michael Astorga’s convictions upheld by NM Supreme Court

by Emil J. Kiehne Posted on February 17, 2015

In March 2006, Michael Astorga shot Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop. On Friday, in an opinion by Justice Chavez, the New Mexico Supreme Court rejected Astorga’s arguments on appeal and upheld his conviction for first-degree … Continue reading →

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Chief Justice Vigil: Judiciary Needs More Funding

by Emil J. Kiehne Posted on February 13, 2015

Chief Justice Barbara Vigil has published this editorial in the UNM Daily Lobo, making the case for an increase in funding to the state judiciary. Among other things, she proposes creating two new judgeships in Las Cruces and Albuquerque, and … Continue reading →

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