Category Archives: New Mexico Court of Appeals

NMCA: Underground water rights may be partially forfeited

by Emil J. Kiehne Posted on August 14, 2019

A landowner contended that he owned 394.85 acre-feet of underground water rights in the now-abandoned town of Cutter, New Mexico. The evidence at trial showed that a railroad had previously used the water, but that for 34 years the water … Continue reading →

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NMCA: Fundamental error to instruct jury on element of crime that has been repealed

by Emil J. Kiehne Posted on August 13, 2019

In this case, the defendant, Marcos Figueroa, was charged with criminal sexual penetration of a minor for abusing his son and stepson. At trial, the district court granted the State’s request that the jury be instructed that the defendant had … Continue reading →

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NMCA: Reversing conviction of middle school student who said he was making a “kill list”

by Emil J. Kiehne Posted on August 12, 2019

A 14-year-old student at Capitan Middle School told another student he was making a “kill list.” Then, when the school’s principal asked whether he had a “hit list,” the student corrected her and said it was a “kill list.” The … Continue reading →

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NM Court of Appeals to consider whether the state constitution bars police from opening a locked gun safe during a vehicle inventory search

by Emil J. Kiehne Posted on August 5, 2019

On September 11, 2019, the New Mexico Court of Appeals will hear oral argument in Albuquerque in State v. Leo Jim. UPDATE: On August 6, 2019, the Court vacated the oral argument, and will reset the date. At issue in … Continue reading →

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NMCA: Wrongfully enjoined defendant cannot recover damages in the absence of an injunction bond

by Emil J. Kiehne Posted on August 2, 2019

Norman Gaume filed a lawsuit claiming that the New Mexico Interstate Stream Commission had violated the Open Meetings Act, and asked for an injunction against a committee created by the Commission from taking any further action on certain matters related … Continue reading →

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NMCA: Employer’s mistaken belief that worker was disabled supported discrimination claim

by Emil J. Kiehne Posted on August 2, 2019

In Goodman v. OS Restaurant Services, LLC (opinion by Judge Hanisee), the Court of Appeals has held that sufficient evidence supported a jury’s verdict that an employer mistakenly “regarded” the plaintiff worker as disabled, and discriminated against him because of … Continue reading →

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NMCA: Judgments Are Forever

by Emil J. Kiehne Posted on July 25, 2019

The Cadle Company acquired a 1987 state-court judgment against the defendant, and filed suit on the judgment in 2002 and 2009, acquiring new judgments against the defendant each time. In 2016, the Cadle Company filed a suit on the 2009 … Continue reading →

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NMCA: Court-issued protective orders trump the Inspection of Public Records Act

by Emil J. Kiehne Posted on July 19, 2019

In a domestic relations case, the plaintiff sought records from a guardian ad litem who had been appointed for his son. The guardian ad litem sought and received a protective order, arguing that she was an arm of the court … Continue reading →

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NMCA: District court can’t dismiss case under Rule 1-041(E)(1) if plaintiff is in compliance with a scheduling order

by Emil J. Kiehne Posted on July 19, 2019

In a legal malpractice case, the defendant moved to dismiss with prejudice under Rule 1-041(E)(1) for failure to take significant action to advance the case. The district court denied the motion, and entered a scheduling order. The plaintiff complied with … Continue reading →

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Governor appoints Zachary Ives to the NM Court of Appeals

by Emil J. Kiehne Posted on February 1, 2019

According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the … Continue reading →

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