Category Archives: New Mexico Supreme Court

NMSC: Independent medical examination may be ordered in workers’ compensation death benefits cases

by Emil J. Kiehne Posted on November 21, 2019

Patricia Lewis was a teacher for the Albuquerque Public Schools. She contracted allergic bronchopulmonary aspergillosis (ABPA) from mold in her classroom in 2011. In 2012, she was also diagnosed with breast cancer and began chemotherapy with an oncologist. She died … Continue reading →

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NMSC: Unfair Practices Act protects consumers, not competitors

by Emil J. Kiehne Posted on November 18, 2019

GandyDancer, LLC and Rock House CGM, LLC are business competitors that provide services to railroad companies. GandyDancer believed that Rock House CGM was not properly licensed in New Mexico, and had misrepresented the nature of its services, which enabled it … Continue reading →

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“Medical damages debate hits NM Supreme Court”

by Emil J. Kiehne Posted on November 7, 2019

Dan McKay has this story in the Albuquerque Journal about yesterday’s oral argument in Siebert v. Okun. The question presented is whether the damages cap in the New Mexico Medical Malpractice Act violates Article II, Section 12 of the New … Continue reading →

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“New Mexico high court hears ‘warrior gene’ arguments”

by Emil J. Kiehne Posted on November 5, 2019

Robert Nott has this story in the Santa Fe New Mexican about yesterday’s oral argument in State v. Yepez, which involves the admissibility of evidence that the defendant’s genes predisposed him to act violently. While serving as a judge on … Continue reading →

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“NM Supreme Court takes up deadly pursuit cases”

by Emil J. Kiehne Posted on November 5, 2019

Katy Barnitz has this story in the Albuquerque Journal describing yesterday’s oral argument in State v. David Barber and State v. Elexus Groves, a case in which the New Mexico Supreme Court is being asked to decide whether aggravated fleeing … Continue reading →

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This week’s oral arguments at NMSC: Warrior genes, the medical malpractice cap, and more

by Emil J. Kiehne Posted on November 4, 2019

It’s oral argument week at the New Mexico Supreme Court, and here’s the lineup: Monday, November 4, 2019 State v. Yepez. Should a criminal defendant be able to introduce evidence that he has a “warrior gene” which predisposes him to … Continue reading →

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Albuquerque lawyer Kerry Morris to run for New Mexico Supreme Court

by Emil J. Kiehne Posted on October 22, 2019

Last week, candidates for state elected offices in New Mexico were required to file contribution-and-expense reports. These reports reveal that the first challenger for the New Mexico Supreme Court seats held by Justices Shannon Bacon and David Thomson has come … Continue reading →

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NMSC: Trial judge properly granted new trial after he had ex parte contact with jury

by Emil J. Kiehne Posted on October 8, 2019

After a murder trial that involved some confusing jury instructions, the jury appeared to return an inconsistent verdict on one count. Without notifying counsel, the trial judge walked over to the jury room and said “I’m confused about your verdict,” … Continue reading →

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NMSC: Defendant need not expressly state “I am guilty” to enter a valid guilty plea

by Emil J. Kiehne Posted on October 8, 2019

In State v. Yancey, the Supreme Court held, in a unanimous opinion by Chief Justice Nakamura, that a criminal defendant need not expressly state “I am guilty” or “I plead guilty” in open court to enter a valid guilty plea. … Continue reading →

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Justices Bacon and Thomson kick off their election campaigns next week

by Emil J. Kiehne Posted on August 9, 2019

In New Mexico, judges who are appointed to fill a vacancy must run to keep their seats in the next general election. These judicial races are partisan ones. If you are appointed and don’t win, you will be back in … Continue reading →

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