Category Archives: New Mexico Supreme Court

My top 10 most popular posts in 2014

by Emil J. Kiehne Posted on January 15, 2015

Here are the top ten most-read posts from the New Mexico Appellate Law Blog in 2014. Thanks again to all the readers of this blog! 1.  New Mexico Supreme Court adopts reciprocity in bar admissions. Reciprocity is set to go into … Continue reading →

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Electronic Privacy Information Center files amicus brief asking NM Supreme Court to limit aerial surveillance

by Emil J. Kiehne Posted on December 12, 2014

Earlier this year I wrote about the Court of Appeals’ decision in State v. Davis, which held that under the New Mexico Constitution, aerial surveillance by police constitutes a search requiring a warrant, or an exception to the warrant requirement. … Continue reading →

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NM Supreme Court lifts stay, allows recount to continue in Land Commissioner’s race

by Emil J. Kiehne Posted on December 12, 2014

On Wednesday, the New Mexico Supreme Court denied a petition by the incumbent Commissioner of Public Lands, Ray Powell, challenging the procedures being used to recount the votes in that closely-contested race. The Supreme Court also lifted a stay it had … Continue reading →

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Judge Miles Hanisee appears to have prevailed in the Court of Appeals race; other N.M. appellate judges easily win retention

by Emil J. Kiehne Posted on November 5, 2014

In the latest results from the Secretary of State’s office, Judge Miles Hanisee, the incumbent and Republican candidate, holds a lead over his Democratic challenger, Kerry Kiernan. As of the time of this writing, Judge Hanisee has 242,367 votes to … Continue reading →

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What does the denial of the same-sex marriage petitions mean for New Mexico?

by Emil J. Kiehne Posted on October 7, 2014

Yesterday the legal world was surprised by the Supreme Court’s denial of all seven petitions for certiorari challenging lower court decisions allowing same-sex marriage. SCOTUSblog has this roundup of news coverage and commentary on the denials. So what does this mean … Continue reading →

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NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits

by Emil J. Kiehne Posted on September 9, 2014

When a motion to disqualify a lawyer is filed, a court or administrative agency must decide that motion before allowing the lawyer to participate in any proceedings on the merits. That’s essentially what the New Mexico Supreme Court held yesterday … Continue reading →

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A trip to Justice Serna’s home town

by Emil J. Kiehne Posted on August 5, 2014

Those who know former New Mexico Supreme Court Justice Patricio “Pat” Serna may, on rare occasions, hear him mention that he hails from the small, western New Mexico town of Reserve, which has a population of between 300 and 400. Reserve … Continue reading →

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New Mexico Supreme Court upholds “tax lightning” statute

by Emil J. Kiehne Posted on July 1, 2014

In New Mexico, a state statute provides that residential property taxes cannot be raised more than 3% per year, unless the home is sold, in which case the next property tax assessment can be for the home’s full value. This means that when a … Continue reading →

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Temporary total disability benefits available “for life,” says NM Supreme Court

by Emil J. Kiehne Posted on June 13, 2014

The New Mexico Supreme Court, in Fowler v. Vista Care (June 5, 2014, by Justice Daniels) has held that temporary total disability (TTD) benefits are not subject to any time limits, but are available during a worker’s entire life, as long … Continue reading →

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New Mexico Supreme Court overturns Governor’s veto of judicial pay raises

by Emil J. Kiehne Posted on June 12, 2014

Yesterday, the New Mexico Supreme Court heard oral argument, and issued an oral decision, striking down Governor Susana Martinez’s line-item veto of judicial pay raises. You can read about the arguments and decision in this article by Milan Simonich in … Continue reading →

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