Category Archives: New Mexico Court of Appeals

“Appeals Court Our choice: Monica Zamora”

by Emil J. Kiehne Posted on October 19, 2012

In this editorial, the Las Cruces Sun-News recommends that voters choose District Judge Monica Zamora for the seat on the Court of Appeals presently held by Judge Miles Hanisee.  The editorial favorably cites her administrative experience and her service in the Children’s … Continue reading →

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“Monica Zamora faces Miles Hanisee in NM Court of Appeals race”

by Emil J. Kiehne Posted on October 19, 2012

While I was out of state earlier this month, Milan Simonich of the Las Cruces Sun-News had this article about the two candidates for the New Mexico Court of Appeals, incumbent Judge Miles Hanisee, a Republican, and District Judge Monica … Continue reading →

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“Voting matters up and down the ballot”

by Emil J. Kiehne Posted on October 19, 2012

Attorney Denise Torres, and former District Judge James Hall, have this interesting article in the Santa Fe New Mexican, summarizing the Judicial Performance Evaluating Commission’s recommendations to retain Supreme Court Justice Richard Bosson, and Court of Appeals Judges Michael Vigil … Continue reading →

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“Editorial: Selections for Supreme And Appeals Courts”

by Emil J. Kiehne Posted on October 19, 2012

Earlier this week, the editors at the Albuquerque Journal issued their endorsements for the contested races in the New Mexico Supreme Court and New Mexico Court of Appeals, endorsing present Justice Paul Kennedy and present Judge J. Miles Hanisee, both … Continue reading →

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Court of Appeals holds interlock devices are required for drug-impaired drivers

by Emil J. Kiehne Posted on September 24, 2012

Tara Valdez was convicted of driving while intoxicated.  No proof existed that she had drunk any alcohol, but a blood test detected the presence of oxycodone, diazepam, and nordiazepam in her system. A New Mexico statute requires that anyone convicted of DWI be … Continue reading →

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“A Bit of the Wild West Survives in New Mexico”

by Emil J. Kiehne Posted on September 5, 2012

One aspect of New Mexico law that surprises city slickers from Back East (besides the fact that we are actually part of the United States) is that livestock owners are generally not responsible for damages caused by their animals to the unfenced … Continue reading →

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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 →

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NM Court of Appeals strikes down another nursing home arbitration agreement

by Emil J. Kiehne Posted on August 20, 2012

In response to a wrongful death lawsuit arising from the death of a resident, a Belen nursing home sought to enforce an arbitration agreement, which required that all disputes between the resident (or his family) and the nursing home be … Continue reading →

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Court of Appeals issues reminder that separate arbitrations can be consolidated.

by Emil J. Kiehne Posted on August 5, 2012

In the last of the Court of Appeals’ recent trifecta of arbitration decisions, Lyndoe v. D.R. Horton, Inc. (decided on July 24), we are reminded that separate arbitration cases can be consolidated, at least in some circumstances.  The prospect of … Continue reading →

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Court of Appeals largely invalidates arbitration agreement in dispute arising from repo man shooting

by Emil J. Kiehne Posted on July 30, 2012

Harry Clay borrowed $2,400 from New Mexico Title Loans, secured by his vehicle.  When he failed to repay it, two employees of Certified Adjusters tried to repossess it.  Clay resisted, and one of the employees shot him, leaving him unable … Continue reading →

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