Author Archives: Emil J. Kiehne

NM Court of Appeals to decide whether “public trust” doctrine requires state to regulate greenhouse emissions

by Emil J. Kiehne Posted on January 28, 2015

According to this report by Staci Matlock in the Santa Fe New Mexican, the Court of Appeals heard oral argument in a case brought by a teenager, Akilah Sanders-Reed, asking the Court to hold that the “public trust” doctrine requires … Continue reading →

Posted in New Mexico Court of Appeals, News | Tagged , , , | Comments Off on NM Court of Appeals to decide whether “public trust” doctrine requires state to regulate greenhouse emissions

NM Court of Appeals holds oral argument in assisted suicide case

by Emil J. Kiehne Posted on January 27, 2015

Yesterday afternoon, before a packed courtroom, the New Mexico Court of Appeals held oral argument in the assisted suicide case, Morris v. King. In no particular order, here are my impressions of the oral argument: 1.  The Attorney General’s office, represented by … Continue reading →

Posted in New Mexico Court of Appeals, News | Tagged , , , , | Comments Off on NM Court of Appeals holds oral argument in assisted suicide case

Oral argument in New Mexico assisted suicide appeal to be heard on January 26

by Emil J. Kiehne Posted on January 23, 2015

One of the more controversial cases pending before New Mexico’s appellate courts is Morris v. King (which will likely be renamed soon as Morris v. Balderas), which asks whether New Mexico’s statute banning physician-assisted suicide, NMSA 1978, section 30-2-4, violates the … Continue reading →

Posted in New Mexico Court of Appeals, News | Tagged , | Comments Off on Oral argument in New Mexico assisted suicide appeal to be heard on January 26

Reies Lopez Tijerina, leader of the Tierra Amarilla courthouse raid, dies at 88

by Emil J. Kiehne Posted on January 20, 2015

Reies Lopez Tijerina, the land grant advocate who led the infamous raid on the Tierra Amarilla courthouse in 1967, died yesterday at age 88. The Albuquerque Journal has this obituary, written by Colleen Heild and Thom Cole. If you would … Continue reading →

Posted in News | Tagged , | Comments Off on Reies Lopez Tijerina, leader of the Tierra Amarilla courthouse raid, dies at 88

NM Supreme Court affirms reappointment of judge who lost retention election

by Emil J. Kiehne Posted on January 20, 2015

According to this report in the Albuquerque Journal, on Friday the New Mexico Supreme Court rejected a petition to nullify Governor Martinez’s reappointment of Judge Albert Mitchell to a seat on the Tenth Judicial District Court. The Journal story says … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on NM Supreme Court affirms reappointment of judge who lost retention election

NM Supreme Court hears case on aerial search with implications for drones

by Emil J. Kiehne Posted on January 16, 2015

The New Mexico Supreme Court held oral argument earlier this week in the case of State v. Norman Davis, which asks whether aerial surveillance by police constitutes a search requiring a warrant. The Las Cruces-Sun News has published this account of … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , , | Comments Off on NM Supreme Court hears case on aerial search with implications for drones

Can the Governor reappoint a judge who lost his retention election?

by Emil J. Kiehne Posted on January 15, 2015

Tomorrow at 2:30 p.m., the New Mexico Supreme Court will hear argument on a petition to nullify Governor Martinez’s reappointment of Judge Albert Mitchell of the Tenth Judicial District Court, according to this report by Steven Hansen of the Clovis News … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on Can the Governor reappoint a judge who lost his retention election?

My top 10 most popular posts in 2014

by Emil J. Kiehne Posted on January 15, 2015

Here are the top ten most-read posts from the New Mexico Appellate Law Blog in 2014. Thanks again to all the readers of this blog! 1.  New Mexico Supreme Court adopts reciprocity in bar admissions. Reciprocity is set to go into … Continue reading →

Posted in Everything Else, New Mexico Court of Appeals, New Mexico Supreme Court, News | Tagged , | Comments Off on My top 10 most popular posts in 2014

Electronic Privacy Information Center files amicus brief asking NM Supreme Court to limit aerial surveillance

by Emil J. Kiehne Posted on December 12, 2014

Earlier this year I wrote about the Court of Appeals’ decision in State v. Davis, which held that under the New Mexico Constitution, aerial surveillance by police constitutes a search requiring a warrant, or an exception to the warrant requirement. … Continue reading →

Posted in New Mexico Supreme Court | Tagged , , , | Comments Off on Electronic Privacy Information Center files amicus brief asking NM Supreme Court to limit aerial surveillance

NM Supreme Court lifts stay, allows recount to continue in Land Commissioner’s race

by Emil J. Kiehne Posted on December 12, 2014

On Wednesday, the New Mexico Supreme Court denied a petition by the incumbent Commissioner of Public Lands, Ray Powell, challenging the procedures being used to recount the votes in that closely-contested race. The Supreme Court also lifted a stay it had … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged | Comments Off on NM Supreme Court lifts stay, allows recount to continue in Land Commissioner’s race