Category Archives: New Mexico Supreme Court

NM Supreme Court: Whistleblowers can’t sue state officials in their personal capacities

by Emil J. Kiehne Posted on August 24, 2016

Former New Mexico Secretary of State Mary Herrera allegedly fired two employees of her office in 2010 for speaking with the FBI, which was investigating her conduct. The employees sued Herrera under the New Mexico Whistleblower Protection Act. Last year, … Continue reading →

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NM Supreme Court rejects right to assisted suicide

by Emil J. Kiehne Posted on June 30, 2016

The New Mexico Supreme Court has issued a unanimous opinion (written by Justice Chavez) in Morris v. Brandenburg rejecting the claim that the New Mexico Constitution creates a right to assisted suicide. Because the plaintiffs based their claim solely on … Continue reading →

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NM Supreme Court restricts judges’ use of social media. Did it go too far?

by Emil J. Kiehne Posted on June 21, 2016

Yesterday the New Mexico Supreme Court issued an opinion in State v. Thomas, reversing a murder conviction because an expert witness for the prosecution testified via Skype, which the Court held violated the Confrontation Clause. But the Court, in an … Continue reading →

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NM Supreme Court: Flat fees for contract public defenders don’t violate right to effective assistance

by Emil J. Kiehne Posted on June 7, 2016

In the first episode of Better Call Saul‘s first season, Jimmy McGill complains about the $700 paycheck he received for representing three teenagers accused of indecent acts as a New Mexico contract public defender. While that scene was played for … Continue reading →

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NM Supreme Court: Fraudulent concealment doctrine applies to wrongful death claims

by Emil J. Kiehne Posted on May 20, 2016

The New Mexico Supreme Court has held that the doctrine of fraudulent concealment can toll the statute of limitations for wrongful death claims. The opinion is Estate of Brice v. Toyota Motor Corporation, written by Justice Maes (Justice Nakamura did … Continue reading →

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Former Justice Patricio Serna to deliver commencement address at WNMU

by Emil J. Kiehne Posted on May 11, 2016

According to this report in the Silver City Sun-News, former New Mexico Supreme Court Justice Patricio M. Serna will deliver the commencement address on Friday afternoon at Western New Mexico University in Silver City.

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NM Supreme Court: State agencies aren’t immune from — USERRA claims by national guard members

by Emil J. Kiehne Posted on April 20, 2016

In Justice Judith Nakamura’s first opinion, the New Mexico Supreme Court has ruled that state agencies are not immune from claims under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (– USERRA), which prohibits discrimination against members … Continue reading →

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Daniels sworn in as Chief Justice of the New Mexico Supreme Court

by Emil J. Kiehne Posted on April 13, 2016

On Monday, Justice Charles Daniels was sworn in for his second term as New Mexico’s Chief Justice, taking over from Justice Barbara Vigil. KRQE News has the story here, and KRWG has it here. As it happens, last night I … Continue reading →

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NM Supreme Court: Prison guard’s employers are vicariously liable for sexual assaults on inmates

by Emil J. Kiehne Posted on March 15, 2016

Anthony Townes, a guard at a privately-operated prison, used his power to rape several female inmates. He pled guilty to criminal charges arising from those assaults (and, hopefully, will spend a long time in prison himself). The inmates sued in … Continue reading →

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Justice Nakamura issues her first two opinions for the NM Supreme Court

by Emil J. Kiehne Posted on February 29, 2016

Justice Nakamura took office in December, and has now issued her first two opinions for the unanimous Supreme Court: 1. In State v. Anthony Holt, the Court upheld the breaking-and-entering conviction of a man who was in the process of … Continue reading →

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