Category Archives: New Mexico Court of Appeals

Several New Mexico newspapers endorse Judge Hanisee for Court of Appeals

by Emil J. Kiehne Posted on October 21, 2014

Several New Mexico newspapers have endorsed incumbent (and Republican candidate) Judge Miles Hanisee for the New Mexico Court of Appeals: 1.  The Santa Fe New Mexican’s is here. 2. The Las Cruces Sun-Times’ is here. 3. The Albuquerque Journal’s is … Continue reading →

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DWI lawyer Ron Bell prevails on appeal in his own DWI case

by Emil J. Kiehne Posted on September 11, 2014

Virtually everyone in Albuquerque has seen Ron Bell’s billboards and television commercials proclaiming his willingness to sue malefactors of all sorts; many of these include his catchphrase “I sue drunk drivers!” So some people experienced a fair amount of schadenfreude when Mr. Bell was arrested for … Continue reading →

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NM Court of Appeals: State may prosecute identity theft occurring entirely in other states, where victim is in New Mexico

by Emil J. Kiehne Posted on September 10, 2014

Christopher Allen was convicted of stealing the identity of a New Mexico resident, and using it to obtain an Arizona driver’s license, to rent cars in Arizona, Nevada, and Georgia, and provided the stolen identity as his own when he … Continue reading →

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Non-parties who seek to enforce contract are bound by arbitration agreement, says NM Court of Appeals

by Emil J. Kiehne Posted on August 26, 2014

Normally, arbitration is a matter of contract. If you didn’t sign an arbitration agreement, you’re not bound by it. But there are exceptions, and the New Mexico Court of Appeals recognized one of them in Damon v. StrucSure Home Warranty, … Continue reading →

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Have lunch with Judge Monica Zamora

by Emil J. Kiehne Posted on August 25, 2014

The New Mexico State Bar’s Appellate Practice Section is sponsoring a brown bag lunch with Court of Appeals Judge Monica Zamora on Friday, September 5, 2014, beginning at noon at the State Bar Center in Albuquerque. If you would like … Continue reading →

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Jury can decide whether DOT had constructive notice of tire debris on highway, although no one knows how long it was there

by Emil J. Kiehne Posted on August 6, 2014

Peggy Lujan-Silva was driving on Interstate 25 near Santa Fe, when her car struck tire debris on the highway. Her car rolled over several times, and she was killed. No one knows how long the debris was on the highway. … Continue reading →

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NM Court of Appeals, NM AG candidates speak at forum

by Emil J. Kiehne Posted on July 3, 2014

On Tuesday, July 1, the Albuquerque Bar Association held a forum for the two candidates for the New Mexico Court of Appeals, incumbent Judge Miles Hanisee, the Republican nominee, and his challenger, appellate lawyer Kerry Kiernan, the Democratic nominee. The forum … Continue reading →

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Candidates’ forum for NM Court of Appeals & NM Attorney General on July 1

by Emil J. Kiehne Posted on June 17, 2014

On Tuesday, July 1, the Albuquerque Bar Association will host a Candidates Forum for the New Mexico Court of Appeals, featuring incumbent Judge J. Miles Hanisee, the Republican nominee, and appellate lawyer Kerry C. Kiernan, the Democratic nominee. Their respective campaign websites are … Continue reading →

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NM Court of Appeals rejects AG King’s overbroad interpretation of Medicaid Fraud Act

by Emil J. Kiehne Posted on June 16, 2014

The New Mexico Medicaid Fraud Act does not impose liability whenever a medical provider violates any federal, state, or local law that applies to it, but only when the provider violates a law that is an actual precondition for payment. So held the New … Continue reading →

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NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment

by Emil J. Kiehne Posted on June 12, 2014

I’ve been on vacation the past couple of weeks or so, but in my absence the New Mexico Court of Appeals issued a decision in Galetti v. Reeve that explains the limits of the church autonomy doctrine. The plaintiff, Melissa … Continue reading →

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