Category Archives: Jurisdiction

10th Circuit: Sentence of imprisonment is final judgment although restitution issues remain open

by Emil J. Kiehne Posted on August 12, 2019

Michelle Paup was convicted in a jury trial in federal magistrate court of theft of government property of less than $1,000 for shoplifting at an exchange store on an air force base in Colorado. She appealed to the district court, … Continue reading →

Posted in Jurisdiction, Tenth Circuit | Tagged , , , , , , | Comments Off on 10th Circuit: Sentence of imprisonment is final judgment although restitution issues remain open

NMSC upholds commitment of Socorro man who killed his father with a pick axe

by Emil J. Kiehne Posted on July 19, 2019

In State v. Baca, the New Mexico Supreme Court has upheld the criminal commitment of Manuel Baca, who killed his father in Socorro with a pick axe in 2016. The district court found him incompetent to stand trial and ordered … Continue reading →

Posted in Jurisdiction, New Mexico Supreme Court, Opinions and Analysis | Tagged | Comments Off on NMSC upholds commitment of Socorro man who killed his father with a pick axe

NM Court of Appeals sets standard for personal jurisdiction over foreign defendants

by Emil J. Kiehne Posted on August 21, 2012

Minimum contacts.  Purposeful availment.  Haled into court. Stream of commerce. You may not have heard those phrases since your first year of law school, but last week the Court of Appeals, in Sproul v. Rob & Charlie’s, Inc., took up … Continue reading →

Posted in Jurisdiction, New Mexico Court of Appeals, Opinions and Analysis | Tagged , , , | 1 Comment

Court of Appeals confirms that deemed denied provision in statute is no longer valid.

by Emil J. Kiehne Posted on July 10, 2012

In the past, New Mexico’s rules governing post-judgment motions contained many “deemed denied” provisions.  For example, if a post-judgment motion were timely filed, and the district court did not act on the motion within 30 days, the motion was deemed … Continue reading →

Posted in Jurisdiction, New Mexico Court of Appeals, Opinions and Analysis, Procedure | Tagged , , , | Comments Off on Court of Appeals confirms that deemed denied provision in statute is no longer valid.