Author Archives: Emil J. Kiehne

10th Circuit adopts “tender rule” to determine when prisoner claims are subject to the PLRA’s exhaustion requirement

by Emil J. Kiehne Posted on July 12, 2019

Billy May was in federal prison during an outbreak of scabies. The prison required all inmates to take Invermectin to address the problem, but May refused because he was allergic to it. The prison quarantined May in a special housing … Continue reading →

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10th Circuit: Detention and search of car passenger was proper

by Emil J. Kiehne Posted on July 12, 2019

In United States v. Gurule, the Tenth Circuit reversed a district court’s order suppressing a gun found in the defendant’s pocket, and statements from the defendant admitting that he was a felon who knowingly possessed the gun. The court rejected … Continue reading →

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Tenth Circuit to hear oral arguments in Santa Fe next week

by Emil J. Kiehne Posted on July 12, 2019

A panel of the Tenth Circuit will be hearing oral arguments in six cases at the federal courthouse in Santa Fe next Friday, July 19, beginning at 9 a.m. Here is the argument schedule. The panel consists of Chief Judge … Continue reading →

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The Federalist Society chapter at UNM Law School will host a talk on “Overcriminalization and the First Step Act” on April 18

by Emil J. Kiehne Posted on April 15, 2019

The UNM Law School Chapter of the Federalist Society will host a talk on “Overcriminalization and the First Step Act” on Thursday, April 18, at 12 noon, in Room 2401 at the law school. The speakers will be Vikrant Reddy, … Continue reading →

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Governor appoints Zachary Ives to the NM Court of Appeals

by Emil J. Kiehne Posted on February 1, 2019

According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the … Continue reading →

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Governor appoints Judges Shannon Bacon and David Thomson to the NM Supreme Court

by Emil J. Kiehne Posted on February 1, 2019

Last week, Governor Lujan Grisham appointed District Judges Shannon Bacon and David Thomson to fill the two vacant seats on the New Mexico Supreme Court. Judge Bacon is on the Second Judicial District Court in Albuquerque. According to this story … Continue reading →

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Congratulations to the new chief judge of the New Mexico Court of Appeals, M. Monica Zamora

by Emil J. Kiehne Posted on January 25, 2019

Earlier this week, Judge M. Monica Zamora was sworn in to begin serving a two-year term as Chief Judge of the New Mexico Court of Appeals. She replaces Judge Linda Vanzi, who served as Chief Judge from 2017 to 2019. … Continue reading →

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10th Circuit: Securities laws apply to fraud defendant’s sales to foreign customers

by Emil J. Kiehne Posted on January 25, 2019

The SEC brought a civil enforcement action against Charles Scoville, a resident of Utah, and his company, Traffic Monsoon, alleging that they ran a Ponzi scheme which raked in tens of millions of dollars. About 90% of his customers were … Continue reading →

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“Foreclosure case could change NM homeowner protections”

by Emil J. Kiehne Posted on January 24, 2019

This story by Ryan Laughlin of KOB News describes Nava v. Wells Fargo Bank, a case now before the New Mexico Supreme Court. Apparently, the story was prompted by the filing of petitioner’s brief earlier this week. The Court of Appeals’ opinion that the … Continue reading →

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NMCA: Officer’s tap on car window was not a seizure

by Emil J. Kiehne Posted on January 23, 2019

Jennifer Simpson parked her car in a lot at a city park at 11:00 p.m. and turned off the car’s lights. A police officer saw this and believed her actions were suspicious because the park had closed an hour earlier … Continue reading →

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