Category Archives: New Mexico Court of Appeals

Three apply for vacant seat on NM Court of Appeals

by Emil J. Kiehne Posted on January 20, 2016

Three lawyers have submitted applications to the Judicial Nominating Commission, seeking to fill the seat vacated by Judge Cynthia Fry at the end of 2015. Here they are in alphabetical order: 1. Stephen G. French is a an experienced and … Continue reading →

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Deadline to apply for vacant NM Court of Appeals seat is January 19

by Emil J. Kiehne Posted on January 5, 2016

The New Mexico Judicial Nominating Commission has announced that applications to fill the vacancy on the Court of Appeals caused by Judge Cynthia Fry’s retirement are due on Tuesday, January 19, 2016, at 5:00 p.m. You can get a copy … Continue reading →

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Defense verdict in New Mexico wrongful death case reversed on Batson violation

by Emil J. Kiehne Posted on December 16, 2015

The New Mexico Court of Appeals has reversed a defense verdict in a wrongful death case, holding that the defendants’ use of peremptory jury strikes to remove Hispanics from the jury was unconstitutional and violated the principles established by the U.S. … Continue reading →

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NM Court of Appeals clarifies standards for reverse discrimination claims

by Emil J. Kiehne Posted on November 18, 2015

In Garcia v. Hatch Valley Public Schools, the plaintiff, a female school bus driver of German descent (with a Hispanic surname by marriage), alleges her firing was the result of racial and national origin discrimination. She sued the defendant school district … Continue reading →

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NM Court of Appeals: Lender failed to establish standing to foreclose

by Emil J. Kiehne Posted on November 9, 2015

Since our Supreme Court’s decision in Bank of New York v. Romero in 2014, New Mexico’s appellate courts have applied increased scrutiny to foreclosure lawsuits. The latest example of this trend is last week’s decision by the Court of Appelas … Continue reading →

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NM Court of Appeals: Los Lunas has standing to challenge Valencia County’s decision re hospital

by Emil J. Kiehne Posted on September 25, 2015

According to this report by Julia Dendinger in the Valencia County News-Bulletin, the New Mexico Court of Appeals issued an oral ruling reviving the Village of Los Lunas’ challenge to Valencia County’s decision which paves the way for a hospital … Continue reading →

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Judge Cynthia Fry to retire at the end of 2015

by Emil J. Kiehne Posted on September 10, 2015

The September 9 issue of the New Mexico Bar Bulletin contains an announcement (at page 4) that Judge Cynthia A. Fry of the New Mexico Court of Appeals will be retiring effective December 31, 2015. Judge Fry has had a … Continue reading →

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NM Court of Appeals holds nursing home corporate veil should be pierced

by Emil J. Kiehne Posted on September 9, 2015

In Morrissey v. Krystopowicz, the Court of Appeals has held that where a plaintiff seeks to pierce the corporate veil, the causation-of-injury element can be satisfied by proof that an abuse of the corporate form has caused the plaintiff to … Continue reading →

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New Mexico Court of Appeals rejects right to assisted suicide

by Emil J. Kiehne Posted on August 11, 2015

Today, the New Mexico Court of Appeals issued its long-awaited decision in Morris v. Brandenburg, and has held that the New Mexico Constitution creates no right to assisted suicide. This ruling is great news. The New Mexico Constitution says nothing … Continue reading →

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NM Court of Appeals explains how to resolve land-use conflicts between state governmental bodies

by Emil J. Kiehne Posted on July 8, 2015

What should courts do when governmental entities have land use fights? The Legislature created the Eastern New Mexico Water Utility Authority to construct a water delivery system from the Ute Reservoir to nearby local governments. The Authority planned to construct a facility … Continue reading →

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