Category Archives: New Mexico Court of Appeals

Police expert testimony on drug trafficking is not governed by Daubert/Alberico standard

by Emil J. Kiehne Posted on June 12, 2013

In State v. Rael-Gallegos, the defendant was convicted of possession of cocaine with intent to distribute. Defendant contended that the cocaine in her possession was for her personal use, not for distribution. At trial, the State presented the expert testimony … Continue reading →

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Dry ice bombs are not “explosives,” NM Court of Appeals holds

by Emil J. Kiehne Posted on June 11, 2013

Dry ice bombs may be illegal at Disneyland, but not in New Mexico. That seems to be the lesson of the Court of Appeals’ recent decision in State v. Alverson. When Alamogordo police searched Kevin Alverson’s car, they found two … Continue reading →

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Medical malpractice damages cap is constitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 7, 2013

A plaintiff suffered severe and painful injuries, and required subsequent surgeries, as a result of errors made during a colonoscopy. A jury awarded the plaintiff $1,000,000 in damages, but the trial court reduced the award to $600,000 to comply with … Continue reading →

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Two new NM Court of Appeals decisions — paternity and insurance coverage edition

by Emil J. Kiehne Posted on June 4, 2013

Yesterday the New Mexico Court of Appeals issued two decisions: 1.  The Court held that the personal representative of a deceased man (who died six months before the mother gave birth to his putative child) had standing to seek a determination of paternity under … Continue reading →

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Rule 11 sanction upheld by NM Court of Appeals

by Emil J. Kiehne Posted on May 29, 2013

New Mexico Rule of Civil Procedure 1-011 serves the same function as Federal Rule of Procedure 11 — to deter baseless filings. Such sanctions are rarely imposed, so the Court of Appeals’ recent decision in Bernier v. Bernier makes for an … Continue reading →

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“Argument Audio: The Four Holdout Circuits”

by Emil J. Kiehne Posted on May 28, 2013

At her terrific Appellate Daily blog, Michelle Olsen has this post about the four federal circuit courts of appeal that do not yet post audio files of oral arguments on their websites. The Tenth Circuit is one of them. To … Continue reading →

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Statute of limitations for age discrimination claim runs at firing, not when plaintiff discovers younger replacement has been hired

by Emil J. Kiehne Posted on May 21, 2013

The New Mexico Court of Appeals has held that the 300-day statute of limitations for age discrimination claims under the New Mexico Human Rights Act begins to run when the plaintiff suffers an adverse employment action, not when she discovers that a … Continue reading →

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Two new workers’ comp decisions from the New Mexico Court of Appeals

by Emil J. Kiehne Posted on May 21, 2013

Yesterday the New Mexico Court of Appeals issued two decisions dealing with workers’ compensation claims: 1.  Laughlin v. Convenient Management Services, Inc.  In an opinion by Judge Wechsler, the Court held that the Workers’ Compensation Judge correctly determined that a … Continue reading →

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Abuse of licensing statute to stifle unwanted criticism violates 1st Amendment, says NM Court of Appeals

by Emil J. Kiehne Posted on May 13, 2013

A recent case from the New Mexico Court of Appeals demonstrates that professional licensing statutes exist to protect consumers and members of the public, not to shield the tender feelings of government officials from unwelcome criticism. William Turner, a board member … Continue reading →

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NM Court of Appeals reinstates “green” building codes

by Emil J. Kiehne Posted on April 12, 2013

Several news reports, including this one from KRQE, state that the New Mexico Court of Appeals has reinstated the “green” building code regulations enacted during the last days of Governor Bill Richardson’s administration. The regulations were revoked in 2011 after … Continue reading →

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