Author Archives: Emil J. Kiehne

“Former Wyoming Attorney General Greg Phillips born to be a judge, boss says”

by Emil J. Kiehne Posted on July 22, 2013

Joan Barron has this interesting profile of the Tenth Circuit’s newest judge, Gregory Phillips, in the Casper Star-Tribune. The money quote is Judge Phillips’ remark “Give me a stack of cases, a stack of notebooks and a few color marks … Continue reading →

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Workers’ comp benefits can’t exceed average weekly wage, says NM Court of Appeals

by Emil J. Kiehne Posted on July 22, 2013

In Livingston v. Environmental Earthscapes, a landscaper suffered a wrist injury and carpal tunnel syndrome at his job. The workers’ compensation judge found that the worker was entitled to permanent partial disability (PPD) and loss of use (LOU) benefits. This award … Continue reading →

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It’s not proper to exclude an expert merely because he’s not a specialist, says NM Court of Appeals

by Emil J. Kiehne Posted on July 19, 2013

In Holzem v. Presbyterian Healthcare Services (July 17, 2013), the Court of Appeals issued a reminder that New Mexico’s standard for the admission of expert testimony is liberal. The fact that a doctor is not a specialist, or have a particular … Continue reading →

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City of Santa Fe asks to file amicus brief in same-sex marriage case

by Emil J. Kiehne Posted on July 17, 2013

According to this story in the Santa Fe New Mexican, City of Santa Fe attorney Geno Zamora has asked the New Mexico Supreme Court for leave to file an amicus curiae brief in the Hanna v. Salazar mandamus writ proceeding. … Continue reading →

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“Slew of new laws takes effect, from social media to fair pay”

by Emil J. Kiehne Posted on July 17, 2013

District Judge Alan Malott has this article in the Albuquerque Journal, describing some of the new laws that took effect in New Mexico on July 1. Prominent among these are the Fair Pay for Women Act, which apparently strengthens remedies … Continue reading →

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Kerry Kiernan announces candidacy for New Mexico Court of Appeals

by Emil J. Kiehne Posted on July 17, 2013

Albuquerque appellate lawyer Kerry Kiernan of the Sutin, Thayer & Browne law firm has announced his candidacy for the Democratic nomination for the New Mexico Court of Appeals.  If Kiernan wins that nomination, he would likely face current Judge Miles Hanisee, … Continue reading →

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Being a former prosecutor should not disqualify one from serving on the Public Defender Commission

by Emil J. Kiehne Posted on July 16, 2013

Recently, Governor Susana Martinez’s appointment of former district judge, and former prosecutor, Susan Riedel to the New Mexico Public Defender Commission has generated some controversy. Critics of the appointment have made two arguments — first, that Ms. Riedel is not … Continue reading →

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Happy Birthday to my Blog, and a request!

by Emil J. Kiehne Posted on July 10, 2013

A year ago today, I published the first post on the New Mexico Appellate Law Blog.  I’d like to use this occasion to thank everyone, especially Lucy Rosen, who encouraged me to start this website and helped me to set … Continue reading →

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Senate confirms Wyoming AG Gregory Phillips to the Tenth Circuit

by Emil J. Kiehne Posted on July 10, 2013

The Casper Star-Tribune reports that the U.S. Senate has confirmed Wyoming Attorney General Gregory Phillips’ nomination to the Tenth Circuit by a vote of 88-0.  He will be taking the seat held by Judge Terrence O’Brien, who has taken senior … Continue reading →

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Another writ petition filed in NM Supreme Court asking that same-sex marriage be legalized

by Emil J. Kiehne Posted on July 3, 2013

The ACLU of New Mexico and the National Center for Lesbian Rights yesterday filed this petition for writ of mandamus in the New Mexico Supreme Court asking that the Bernalillo County Clerk be compelled to issue marriage licenses to the plaintiffs, … Continue reading →

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