Author Archives: Emil J. Kiehne

Governor Martinez files amicus brief supporting collection of DNA from people arrested for serious crimes

by Emil J. Kiehne Posted on February 4, 2013

In this post in November, I reported on Governor Martinez’s intent to file an amicus curiae brief in Maryland v. King, which is now before the Supreme Court of the United States. The question the Supreme Court will decide is whether the Fourth … Continue reading →

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NM Supreme Court holds Department of Transportation may be sued for not installing cross-over barriers on highway

by Emil J. Kiehne Posted on February 1, 2013

A head-on collision is every driver’s nightmare, and in 2004 one happened on State Road 502 east of Los Alamos, killing Amelia Martinez and Donald Espinoza. The crash occurred because another driver, coming from the opposite direction, was attempting to … Continue reading →

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President Obama nominates Wyoming AG to Tenth Circuit

by Emil J. Kiehne Posted on January 31, 2013

President Obama today nominated Wyoming Attorney General Gregory Alan Phillips to the Tenth Circuit.  The White House’s official announcement states: Gregory Alan Phillips has served as Wyoming’s Attorney General since March 2011.  As Attorney General, he is the chief law … Continue reading →

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Opponents of subdivision may appeal from either preliminary or final approval of plat, says NM Court of Appeals

by Emil J. Kiehne Posted on January 30, 2013

Normally, appeals may only taken from final orders or decisions — i.e. those orders or decisions that resolve all of the issues in a case.  Appellate courts don’t usually hear appeals from non-final orders, because a non-final order could be … Continue reading →

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Motion to compel arbitration is not a Get-Out-Of-Discovery-Free card, says NM Court of Appeals

by Emil J. Kiehne Posted on January 29, 2013

In Weiss v. THI of New Mexico at Valle Norte, LLC, the New Mexico Court of Appeals has held that the mere filing of a motion to compel arbitration does not automatically stay a party’s discovery obligations. I think the Court’s … Continue reading →

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“N.M. courts ask lawmakers to approve 9 new judges”

by Emil J. Kiehne Posted on January 28, 2013

Chief Justice Petra Jimenez Maes, in her state of the judiciary address, has asked the Legislature to create nine new district judgeships in New Mexico to handle the increasing case load, according to this report in the Santa Fe New … Continue reading →

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“The clear choice for verbose people is Microsoft Word”

by Emil J. Kiehne Posted on January 15, 2013

In recent years, both the federal and New Mexico appellate courts have imposed word limits on briefs, as alternatives to page limits. Federal Rule of Appellate Procedure 32(a)(7) limits principle briefs to 14,000 words, and reply briefs to 7,000 words.  … Continue reading →

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Jemez Pueblo sues to recover ownership of Valles Caldera

by Emil J. Kiehne Posted on January 14, 2013

I have always thought that the Valles Caldera is one of the most beautiful parts of New Mexico, and I know other people who share that opinion. Every year I make it a point to drive through this natural treasure, … Continue reading →

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“Governor taps Santa Fe attorney for vacant First District judge seat”

by Emil J. Kiehne Posted on January 12, 2013

According to this report by Nico Roesler in the Santa Fe New Mexican, Governor Susana Martinez has appointed Santa Fe attorney Francis Mathew as a judge on the First Judicial District Court, which covers Santa Fe, Los Alamos, and Rio Arriba … Continue reading →

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Investiture of Judge Monica Zamora on the NM Court of Appeals

by Emil J. Kiehne Posted on January 8, 2013

The investiture ceremony for newly-elected Judge Monica Zamora of the New Mexico Court of Appeals will take place this Thursday, January 10, at 5:00 p.m. in Salon Ortega at the National Hispanic Cultural Center. The public is invited to attend, and … Continue reading →

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