Author Archives: Emil J. Kiehne

“Editorial: Selections for Supreme And Appeals Courts”

by Emil J. Kiehne Posted on October 19, 2012

Earlier this week, the editors at the Albuquerque Journal issued their endorsements for the contested races in the New Mexico Supreme Court and New Mexico Court of Appeals, endorsing present Justice Paul Kennedy and present Judge J. Miles Hanisee, both … Continue reading →

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Programming Note

by Emil J. Kiehne Posted on October 18, 2012

As you may have noticed, I haven’t posted in a while.  I went on a family vacation for over two weeks, and arranged for a guest blogger to take over, but he ended up not being able to do so.  … Continue reading →

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Court of Appeals holds interlock devices are required for drug-impaired drivers

by Emil J. Kiehne Posted on September 24, 2012

Tara Valdez was convicted of driving while intoxicated.  No proof existed that she had drunk any alcohol, but a blood test detected the presence of oxycodone, diazepam, and nordiazepam in her system. A New Mexico statute requires that anyone convicted of DWI be … Continue reading →

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“Supreme Court Mulls Affirmative Action, Class Actions In Fall Docket”

by Emil J. Kiehne Posted on September 19, 2012

Daniel Fisher at Forbes has this interesting preview of some of the cases that businesses will be watching at the U.S. Supreme Court this fall.  You should also check out his blog, Full Disclosure. This reminds me that the first … Continue reading →

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You’ve got to know when to fold ’em: Tenth Circuit slaps down EEOC for frivolous lawsuit

by Emil J. Kiehne Posted on September 18, 2012

The first paragraph of the Tenth Circuit’s recent decision in EEOC v. TriCore Reference Laboratories says: “Substantiating the old saw that no good deed goes unpunished, the EEOC persisted in litigating this case in spite of clear evidence that TriCore went … Continue reading →

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“The tangled web of conflicting rights”

by Emil J. Kiehne Posted on September 17, 2012

National op-ed columnist George Will has this column in the Washington Post about Elane Photography, LLC v. Willock, which was decided by the New Mexico Court of Appeals in May.  The New Mexico Supreme Court has granted Elane Photography’s petition for … Continue reading →

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“Candidate picked for Supreme Court seat”

by Emil J. Kiehne Posted on September 17, 2012

Due to the press of business, I’ve been a little remiss in posting here lately.  In the interest of catching up on recent developments, Crystal Gutierrez has this story reporting that the Republican Party has selected Justice Paul Kennedy as … Continue reading →

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Governor Martinez appoints Paul Kennedy to New Mexico Supreme Court

by Emil J. Kiehne Posted on September 6, 2012

According to this report in the Albuquerque Journal, Governor Susana Martinez has appointed Albuquerque lawyer Paul Kennedy to the open seat on the New Mexico Supreme Court. Justice Kennedy (who previously served as a justice on the Court in 2002) … Continue reading →

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“A Bit of the Wild West Survives in New Mexico”

by Emil J. Kiehne Posted on September 5, 2012

One aspect of New Mexico law that surprises city slickers from Back East (besides the fact that we are actually part of the United States) is that livestock owners are generally not responsible for damages caused by their animals to the unfenced … Continue reading →

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“You Forgot to Swear In the Jury? No Prob”

by Emil J. Kiehne Posted on September 3, 2012

Joe Palazzolo has this report from the Wall Street Journal’s Law Blog about the Tenth Circuit’s decision in United States v. Turrietta, which reinforces the lesson that a lawyer usually cannot sit by while error occurs and successfuly take advantage of it later.  What makes … Continue reading →

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