Author Archives: Emil J. Kiehne

NM Supreme Court denies petitions seeking recognition of same-sex marriage

by Emil J. Kiehne Posted on August 16, 2013

Steve Terrell’s excellent Roundhouse Roundup blog reports that the New Mexico Supreme Court has denied the petitions for writ of mandamus in Hanna v. Salazar and Griego v. Oliver, which asked the Court to recognize a right to same-sex marriage in New … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , , , | 1 Comment

Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

by Emil J. Kiehne Posted on August 15, 2013

Officer Kevin Schultz of the Pojoaque tribal police department died a hero. While acting as a chaperone for a church youth group, he jumped in the Rio Grande to save a child who was drowning, but was unable to save … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

NM Supreme Court reaffirms right of non-English speakers to serve on juries

by Emil J. Kiehne Posted on August 13, 2013

One of today’s headlines at Drudge Report is “You can serve on jury even if you don’t understand english” (sic), referring to yesterday’s decision by the New Mexico Supreme Court in State v. Samora, which reaffirmed that proposition. Juror service … Continue reading →

Posted in New Mexico Supreme Court, Preservation of Error | Tagged , , , | Comments Off on NM Supreme Court reaffirms right of non-English speakers to serve on juries

District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

by Emil J. Kiehne Posted on August 13, 2013

During the guilty plea colloquy for a defendant who was a Mexican national, the district judge advised him that deportation would be a likely result of his guilty plea, and the defendant said he understood. In a later habeas corpus … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

“Supreme Court to take up suit against recall group”

by Emil J. Kiehne Posted on August 3, 2013

According to this report by Matthew van Buren in the Taos News, the New Mexico Supreme Court has agreed to hear Cordova v. Cline, a case involving the interpretation of New Mexico’s anti-SLAPP statute. Arsenio Cordova, an former board member … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on “Supreme Court to take up suit against recall group”

“NM Supreme Court decides licensing board improperly revoked counselor’s license”

by Emil J. Kiehne Posted on August 3, 2013

Milan Simonich has this report in the Carlsbad Current-Argus about this week’s non-precedential decision by the New Mexico Supreme Court in Avalos v. New Mexico Counseling and Therapy Practice Board. The Supreme Court, in an opinion written by Justice Charles … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , | Comments Off on “NM Supreme Court decides licensing board improperly revoked counselor’s license”

“Last Chance? 10th Circuit Court could decide fate of defunded New Mexico agencies”

by Emil J. Kiehne Posted on August 3, 2013

Dennis Grantham has this report at Behavioral Healthcare about the recent and controversial decision by the New Mexico Human Services Department to defund several mental health care providers over allegations of fraud. United States District Judge Christina Armijo denied the providers’ request … Continue reading →

Posted in News, Tenth Circuit | Tagged | Comments Off on “Last Chance? 10th Circuit Court could decide fate of defunded New Mexico agencies”

President Obama nominates Kansas Supreme Court Justice Nancy Moritz to the Tenth Circuit

by Emil J. Kiehne Posted on August 2, 2013

Yesterday, the White House announced President Obama’s appointment of Kansas Supreme Court Justice Nancy L. Moritz to the Tenth Circuit. The Topeka Capital-Journal has this report on Justice Moritz’s nomination.  If confirmed, Justice Moritz will take the seat vacated by … Continue reading →

Posted in News, Tenth Circuit | Tagged , | Comments Off on President Obama nominates Kansas Supreme Court Justice Nancy Moritz to the Tenth Circuit

It’s time for reciprocity in New Mexico

by Emil J. Kiehne Posted on July 30, 2013

(UPDATE, April 3, 2014: The Supreme Court has decided to allow reciprocity, see here). When I graduated from law school in 2000, I took a job as a prosecutor in Philadelphia, and was therefore required to spend a great deal … Continue reading →

Posted in Everything Else, New Mexico Supreme Court | Tagged , | 8 Comments

Read the briefs filed yesterday in New Mexico’s same-sex marriage cases

by Emil J. Kiehne Posted on July 23, 2013

(UPDATE, Sept. 24, 2013: Please note that the following post is from July 23, 2013. If you would like to read the briefs filed in the latest stage of Griego v. Oliver, please see this more recent post.) Yesterday (July … Continue reading →

Posted in New Mexico Supreme Court, News | Tagged , , , , , | 3 Comments