Author Archives: Emil J. Kiehne

10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions

by Emil J. Kiehne Posted on January 23, 2019

Lina Thoung came to the United States illegally in 2002, and fraudulently obtained citizenship here in 2007. In 2012, her fraud came to light, and she pleaded guilty and stipulated to a removal order, but could not then be deported … Continue reading →

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Ken Starr to speak in Albuquerque on January 23 (tomorrow)

by Emil J. Kiehne Posted on January 22, 2019

Ken Starr, a former judge on the D.C. Circuit who also served as solicitor general under the first President Bush, also known as the independent counsel who investigated President Bill Clinton, will be speaking at two events in Albuquerque tomorrow. … Continue reading →

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10th Circuit: BLM not entitled to key to inspect well sites on private land

by Emil J. Kiehne Posted on January 22, 2019

In Maralex Resources, Inc. v. Barnhardt, the Tenth Circuit reversed a district court’s order that had granted the Bureau of Land Management (BLM) authority to require a private landowner to provide it with a key to access and inspect oil and gas wells. Although … Continue reading →

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Chief Justice Nakamura delivers “state of the judiciary” address to the Legislature

by Emil J. Kiehne Posted on January 18, 2019

Yesterday, Chief Justice Judith Nakamura addressed a joint session of the Legislature to address the state of the New Mexico judiciary. You can read about it here and here.

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NM Supreme Court issues opinion explaining its suspension of attorney Eric Dixon

by Emil J. Kiehne Posted on January 18, 2019

In November 2018, the New Mexico Supreme Court suspended prominent Portales lawyer Eric Dixon from the practice of law for at least nine months. Yesterday, the Court issued a unanimous opinion explaining its decision. The Court stated that Mr. Dixon … Continue reading →

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I’m back!

by Emil J. Kiehne Posted on January 16, 2019

I’m happy to announce that my law blog is back in business. I took the blog offline after being sworn in as a judge on the New Mexico Court of Appeals in October 2017. I campaigned to keep my seat, … Continue reading →

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RIP: Former New Mexico Supreme Court Justice Dan Sisk

by Emil J. Kiehne Posted on August 17, 2017

I regret to report that former Justice Daniel A. Sisk, who served on the New Mexico Supreme Court in 1970, has passed away. Mr. Sisk was also a “name” partner at my law firm. Unfortunately, I never had the opportunity … Continue reading →

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E-filing starts at the New Mexico Court of Appeals on August 21!

by Emil J. Kiehne Posted on August 10, 2017

The long-awaited day is finally at hand! On Monday, August 21, e-filing begins at the New Mexico Court of Appeals. It may be a coincidence that this is the date of the total solar eclipse, but then again, it may … Continue reading →

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NMCA: Corpus delicti rule satisfied by circumstantial evidence

by Emil J. Kiehne Posted on July 31, 2017

The Court of Appeals, in State v. Platero, has overturned a trial court order dismissing a vehicular homicide charge before trial because the State did not plan to offer any expert testimony that the rollover car crash at issue killed … Continue reading →

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Register now for the 2017 New Mexico Appellate Practice Institute

by Emil J. Kiehne Posted on July 31, 2017

Registration is now open for this year’s New Mexico Appellate Practice Institute, the annual all-day CLE program sponsored by the Appellate Practice Section. The seminar will take place on Friday, September 15, at the State Bar Center in Albuquerque. Until … Continue reading →

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