Author Archives: Emil J. Kiehne

NM Court of Appeals restricts scope of child abuse reporting statute

Last week, in State v. Strauch (Oct. 28, 2013), the Court of Appeals held that New Mexico’s child abuse reporting statute imposes obligations only on certain listed professionals, despite the statute’s language saying that it applies to “every person.” This decision … Continue reading

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NM Supreme Court same-sex marriage arguments will be streamed on the Internet

According to Steve Terrell of Roundhouse Roundup, tomorrow the New Mexico Supreme Court will take a bold step into the 21st Century, and will stream the oral arguments on same-sex marriage live over the Internet. As far as I know, this is the first time that … Continue reading

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Defendant can recover attorney’s fees even where insurer provides defense, says NM Court of Appeals

After buying a home in Elephant Butte, Star Varga discovered construction defects and sued the seller, the seller’s broker, and her own brokers. The trial court granted summary judgment to Ms. Varga’s own brokers. Those brokers then asked to be … Continue reading

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Jemez Pueblo will ask 10th Circuit to review claim to ownership of Valles Caldera

T.S. Last has this story in the Albuquerque Journal, reporting that Jemez Pueblo will appeal the decision by U.S. District Judge Robert Brack to dismiss the Pueblo’s lawsuit to recover ownership of the Valles Caldera. Last year I wrote about the lawsuit here. … Continue reading

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Law-related events in Albuquerque this week

This Friday, October 11, two significant law-related events will be occurring here in Albuquerque: 1.  The Federal Bar Association will be hosting prominent legal scholar Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University. Prof. Turley will … Continue reading

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Celebrate the First Monday in October by listening to these SCOTUS previews

For the appellate lawyer, the First Monday in October is a day that makes the heart sing, a day when the world seems fresh again. The opening of the Supreme Court’s new term is like Christmas and the Fourth of … Continue reading

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Comments on changes to New Mexico’s judge excusal rule

In an earlier post, I discussed the New Mexico Supreme Court’s proposed amendments to the rule governing the peremptory excusal of judges. The Court invited comments from the bar, and the period for submitting comments closed on September 27. You can … Continue reading

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“Utahn lauded as 10th Circuit appeals court pick”

How Appealing has this post about yesterday’s Senate confirmation hearing for Utah Court of Appeals Presiding Judge Carolyn McHugh, who seems likely to be our next judge on the Tenth Circuit. You can read my earlier post about Presiding Judge … Continue reading

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Read the briefs in Griego v. Oliver, the same-sex marriage case in the New Mexico Supreme Court

Yesterday, September 23, was the response deadline for response briefs in Griego v. Oliver, the same-sex marriage case that the New Mexico Supreme Court will hear on October 23. According to this report in the Santa Fe New Mexican, several … Continue reading

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RIP: The Honorable Joe Wood, former judge of the New Mexico Court of Appeals

One of the original members of the New Mexico Court of Appeals, Judge Joe Wood (1924-2013), has passed away.  Tom Sharpe has this article about Judge Wood in the Santa Fe New Mexican. As the article notes, Judge Wood was … Continue reading

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