Author Archives: Emil J. Kiehne

Telephonic approval of search warrants okay in New Mexico

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … Continue reading

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“Tenth Circuit Allows Foreclosure on Purchase-Money Resulting Trust”

Prof. Gerry W. Beyer of Texas Tech Law School has this post at the Wills, Trusts & Estates Prof Blog on the Tenth Circuit’s recent decision in United States v. Tingey (May 29, 2013). Judge Harris Hartz wrote the Court’s opinion.

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Medical malpractice damages cap is constitutional, says NM Court of Appeals

A plaintiff suffered severe and painful injuries, and required subsequent surgeries, as a result of errors made during a colonoscopy. A jury awarded the plaintiff $1,000,000 in damages, but the trial court reduced the award to $600,000 to comply with … Continue reading

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In “perfect First Amendment storm,” 10th Circuit rules against anti-Bush protesters

  In 2007, President George W. Bush came to Los Ranchos de Albuquerque for a political fundraiser at the home of Larry Abraham, the mayor of Los Ranchos. Protestors opposed to Bush’s policies sought to demonstrate against him, but were … Continue reading

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Two new NM Court of Appeals decisions — paternity and insurance coverage edition

Yesterday the New Mexico Court of Appeals issued two decisions: 1.  The Court held that the personal representative of a deceased man (who died six months before the mother gave birth to his putative child) had standing to seek a determination of paternity under … Continue reading

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New Mexico Supreme Court rules against Barnes & Noble in internet sales tax dispute

Today the New Mexico Supreme Court held, in New Mexico Department of Taxation & Revenue v. Barnesandnoble.com, LLC, that the State may impose New Mexico gross receipts tax on Barnes & Noble’s online sales transactions. In an opinion by Justice … Continue reading

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New Mexico gun dealers can be made to report multiple rifle sales to ATF

According to this report in the Washington Post, the U.S. Court of Appeals for the D.C. Circuit has upheld the Bureau of Alcohol, Tobacco, Firearms and Explosive’s (ATF) authority to demand that gun dealers in New Mexico, and the three other … Continue reading

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Good news for Governor Martinez, as SCOTUS upholds Katie’s Law

Governor Susana Martinez is an advocate of Katie’s Law, which was named after slain NMSU student Katie Sepich, and which allows police to take DNA samples from those arrested for crimes, but who have not yet been convicted. She therefore filed … Continue reading

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NM Appellate Practice Section Newsletter for Spring 2013 now available

Appellate News, the quarterly newsletter of the State Bar of New Mexico Appellate Practice Section, is now available here. This issue contains: 1.  A message from Ed Ricco, chair of the section, in which he announces that Judge Jimmy V. … Continue reading

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NM Supreme Court rules against Halliburton in dispute over employment arbitration agreement

Yesterday, in Flemma v. Halliburton Energy Services, Inc., the New Mexico Supreme Court ruled that an employment arbitration agreement was unconscionable under New Mexico law. As explained in Justice Barbara Vigil‘s opinion, the arbitration agreement in question allowed Halliburton to … Continue reading

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