Author Archives: Emil J. Kiehne

War Powers Clause does not authorize abrogation of state sovereign immunity, holds NM Court of Appeals

by Emil J. Kiehne Posted on March 5, 2014

It’s not often that our state courts have an opportunity to address the War Powers Clause of the Constitution (otherwise known as Article I, Section 8, Clause 11), but the Court of Appeals has held, in Ramirez v. State of … Continue reading →

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New Mexico Supreme Court issues four published decisions in February 2014

by Emil J. Kiehne Posted on March 3, 2014

Below is my summary of the four published decisions the New Mexico Supreme Court issued in February 2014: 1.   Rayellen Resources, Inc. v. New Mexico Cultural Properties Review Committee (Feb. 6, 2014). The Court affirmed the decision of the New … Continue reading →

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NM Court of Appeals holds argument at Grants High School

by Emil J. Kiehne Posted on February 26, 2014

Dana Martinez has this story in the Cibola Beacon about an oral argument the Court of Appeals held last week at Grants High School in Grants, New Mexico. The case concerned a man who was placed on probation for driving … Continue reading →

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Elane Photography files reply brief in support of its cert. petition

by Emil J. Kiehne Posted on February 26, 2014

The briefing is now complete on Elane Photography’s petition for certiorari in the Supreme Court of the United States, which seeks review of the New Mexico Supreme Court’s decision in Elane Photography, LLC v. Willock: 1.  Respondent Vanessa Willock’s Brief in … Continue reading →

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Have lunch with Chief Judge Roderick Kennedy of the NM Court of Appeals

by Emil J. Kiehne Posted on February 25, 2014

The New Mexico State Bar’s Appellate Practice Section is sponsoring a brown bag lunch with Chief Judge Roderick Kennedy of the New Mexico Court of Appeals. The event will occur at the State Bar Center in Albuquerque on Friday, March … Continue reading →

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The Spring 2014 edition of NM’s appellate practice section newsletter is out

by Emil J. Kiehne Posted on February 19, 2014

The Spring 2014 edition of Appellate News, the newsletter of the State Bar of New Mexico Appellate Practice Section, is now out, and contains an interesting interview with Justice Barbara Vigil. You can also read my own interview with Justice … Continue reading →

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It’s a bird, it’s a plane … no, it’s Superjudge!

by Emil J. Kiehne Posted on February 13, 2014

Yesterday’s edition of the Albuquerque Journal contained this story, by Andy Stiny, about First Judicial District Court Judge Sheri Raphaelson. On her way to hear the criminal docket in Tierra Amarilla, Judge Raphaelson saw an overturned pickup truck and stopped to help its … Continue reading →

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With restrictive covenants, it’s better to beg permission than ask forgiveness

by Emil J. Kiehne Posted on February 11, 2014

The Court of Appeals has upheld enforcement of a restrictive covenant against a woman who opened a dog training and boarding business in a residential area. See Myers v. Armstrong (Feb. 5, 2014), opinion by Judge James Wechsler. The moral … Continue reading →

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Tenth Circuit rejects New Mexico’s view that unbalanced arbitration agreements are unenforceable

by Emil J. Kiehne Posted on February 11, 2014

New Mexico’s appellate courts have held that arbitration agreements are unconscionable if they allow one party to bring its most likely claims in court, while requiring the other party to bring its most likely claims in arbitration. This view is reflected … Continue reading →

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New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant

by Emil J. Kiehne Posted on January 20, 2014

In an age when people are increasingly concerned about government’s use of various forms technology to spy on them, the Court of Appeals has signaled that there will be limits to police use of such technology. Last week, in an important expansion … Continue reading →

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