Author Archives: Emil J. Kiehne

NM Supreme Court asks for response to same-sex marriage petition

by Emil J. Kiehne Posted on July 3, 2013

According to this report in the Santa Fe New Mexican, the New Mexico Supreme Court has ordered Attorney General King and the Santa Fe County Clerk to respond by July 22 to the petition for writ of mandamus filed by Rep. … Continue reading →

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U.S. Senate schedules vote for Wyoming AG’s nomination to the Tenth Circuit

by Emil J. Kiehne Posted on July 2, 2013

The Caspar Star-Tribune has this report stating that the U.S. Senate has scheduled a vote on July 8 on Wyoming Attorney General Gregory Phillips’ nomination to serve on the Tenth Circuit. H/T to How Appealing. For more information, see my … Continue reading →

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NM Supreme Court holds that closure of courtroom to protect cooperating witnesses violated 6th Amendment Public Trial Clause

by Emil J. Kiehne Posted on July 1, 2013

The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a . . . public trial.” The Albuquerque Journal has this report about a decision the Supreme Court issued on Friday, State v. Turrietta, … Continue reading →

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Tenth Circuit rules in favor of Hobby Lobby on its challenge to HHS contraceptive mandate

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the Tenth Circuit en banc issued its opinion in Hobby Lobby Stores, Inc. v. Sebelius, reversing the District Court’s denial of Hobby Lobby’s request for a preliminary injunction while it challenges the contraceptive mandate, and remanding for further consideration of two … Continue reading →

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NM Supreme Court issues four decisions in civil cases

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the New Mexico Supreme Court issued four opinions in civil cases: 1.  Strausberg v. Laurel Healthcare Providers.  In this medical malpractice action, the defendant nursing home moved to compel arbitration. The plaintiff claimed that the agreement was procedurally unconscionable, … Continue reading →

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Petition for mandamus asks NM Supreme Court to recognize same-sex marriage

by Emil J. Kiehne Posted on June 27, 2013

Joey Peters has this story in the Santa Fe Reporter, reporting that State Representative Brian Egolf (D-Santa Fe), who is an attorney, has filed a petition for writ of mandamus in the New Mexico Supreme Court on behalf of two … Continue reading →

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“New Mexico Supreme Court to hear gambling case against Las Cruces Internet cafe owner”

by Emil J. Kiehne Posted on June 26, 2013

Milan Simonich has this article in the Las Cruces Sun-News about the case of Michael Vento, an internet café owner who offered his customers an opportunity to win sweepstakes prizes, but ended up getting prosecuted and convicted for violation of … Continue reading →

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Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements

by Emil J. Kiehne Posted on June 25, 2013

In Free Speech v. Federal Election Commission, the Tenth Circuit rejected a First Amendment challenge to several FEC regulations defining what groups must disclose information about their donors. A federal statute, 2 U.S.C. § 434(c) requires anyone who makes “independent … Continue reading →

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Calling judge a “drunken idiot on the bench,” among other things, earns attorney sanction from NM Supreme Court

by Emil J. Kiehne Posted on June 24, 2013

Today the New Mexico Supreme Court issued a published opinion (In re Ortiz) sanctioning an attorney for repeated instances of unprofessional behavior, sending a message that the Court will not be tolerant of this sort of conduct. Justice Chavez‘s opinion recounts multiple … Continue reading →

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Former Justice Patricio Serna to be honored at Living Treasures ceremony

by Emil J. Kiehne Posted on June 21, 2013

Former New Mexico Supreme Court Justice Patricio M. Serna will be one of three seniors honored this weekend at the Living Treasures ceremony in Santa Fe, according to this article by Adele Oliveira in the Santa Fe New Mexican. The article … Continue reading →

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