Category Archives: New Mexico Court of Appeals

NM Court of Appeals decisions during the first half of December 2013

by Emil J. Kiehne Posted on December 17, 2013

I apologize for the lack of posts recently. Over the past two weeks I’ve been assisting with a trial in Santa Fe. Now that it’s over, I’m glad to be back with you all. The New Mexico Court of Appeals … Continue reading →

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NM Court of Appeals restricts scope of child abuse reporting statute

by Emil J. Kiehne Posted on November 3, 2013

Last week, in State v. Strauch (Oct. 28, 2013), the Court of Appeals held that New Mexico’s child abuse reporting statute imposes obligations only on certain listed professionals, despite the statute’s language saying that it applies to “every person.” This decision … Continue reading →

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RIP: The Honorable Joe Wood, former judge of the New Mexico Court of Appeals

by Emil J. Kiehne Posted on September 24, 2013

One of the original members of the New Mexico Court of Appeals, Judge Joe Wood (1924-2013), has passed away.  Tom Sharpe has this article about Judge Wood in the Santa Fe New Mexican. As the article notes, Judge Wood was … Continue reading →

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Arbitration agreements can be enforced in wrongful death cases, says NM Court of Appeals

by Emil J. Kiehne Posted on September 17, 2013

When a personal representative files a wrongful death case, is he or she bound by an arbitration agreement signed by the deceased person (or someone holding a power of attorney for the deceased)? Yesterday, the Court of Appeals answered that question … Continue reading →

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Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

by Emil J. Kiehne Posted on August 15, 2013

Officer Kevin Schultz of the Pojoaque tribal police department died a hero. While acting as a chaperone for a church youth group, he jumped in the Rio Grande to save a child who was drowning, but was unable to save … Continue reading →

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District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

by Emil J. Kiehne Posted on August 13, 2013

During the guilty plea colloquy for a defendant who was a Mexican national, the district judge advised him that deportation would be a likely result of his guilty plea, and the defendant said he understood. In a later habeas corpus … Continue reading →

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Workers’ comp benefits can’t exceed average weekly wage, says NM Court of Appeals

by Emil J. Kiehne Posted on July 22, 2013

In Livingston v. Environmental Earthscapes, a landscaper suffered a wrist injury and carpal tunnel syndrome at his job. The workers’ compensation judge found that the worker was entitled to permanent partial disability (PPD) and loss of use (LOU) benefits. This award … Continue reading →

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It’s not proper to exclude an expert merely because he’s not a specialist, says NM Court of Appeals

by Emil J. Kiehne Posted on July 19, 2013

In Holzem v. Presbyterian Healthcare Services (July 17, 2013), the Court of Appeals issued a reminder that New Mexico’s standard for the admission of expert testimony is liberal. The fact that a doctor is not a specialist, or have a particular … Continue reading →

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Kerry Kiernan announces candidacy for New Mexico Court of Appeals

by Emil J. Kiehne Posted on July 17, 2013

Albuquerque appellate lawyer Kerry Kiernan of the Sutin, Thayer & Browne law firm has announced his candidacy for the Democratic nomination for the New Mexico Court of Appeals.  If Kiernan wins that nomination, he would likely face current Judge Miles Hanisee, … Continue reading →

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Child endangerment conviction affirmed: father smoked meth, kept unsecured firearms in home

by Emil J. Kiehne Posted on June 13, 2013

Yesterday, in State v. Schaaf, the New Mexico Court of Appeals affirmed a father’s conviction for “negligent child abuse by endangerment.” Five-year old triplets lived in the home, along with a teenager. In upholding the conviction, Judge Cynthia Fry‘s opinion notes that … Continue reading →

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