Category Archives: New Mexico Supreme Court

New Mexico’s heightened search-and-seizure protections don’t apply at Mexican border

by Emil J. Kiehne Posted on June 16, 2015

The New Mexico Constitution provides greater protection to citizens than the Fourth Amendment when it comes to searches and seizures. For example, in State v. Cardenas-Alvarez, the New Mexico Supreme Court held that at interior border control checkpoints (such as those … Continue reading →

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Justice Richard Bosson to retire in November

by Emil J. Kiehne Posted on June 8, 2015

Justice Richard Bosson has announced that he will be retiring this November. He made this announcement towards the end of last week at both the Judicial Conclave and the brown-bag lunch sponsored by the Appellate Practice Section of the State … Continue reading →

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Uber & taxi companies challenge new regulations in NM Supreme Court

by Emil J. Kiehne Posted on May 28, 2015

Anyone who’s used Uber knows why it is so highly popular — it’s usually cheaper than using a taxi, you can summon a ride easily by using the Uber app, you’re given an estimate of the cost (no more “broken meters”), and … Continue reading →

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NM Supreme Court: County must provide a defense for anyone it commissions to act as a deputy sheriff

by Emil J. Kiehne Posted on May 21, 2015

In New Mexico, one can easily pass back and forth between Indian tribal lands and non-tribal lands, often without knowing it. Under federal law, Indian tribal police officers have extremely limited authority to enforce state and tribal criminal laws against non-Indians. Thus, many New Mexico … Continue reading →

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Have lunch with Justice Richard Bosson

by Emil J. Kiehne Posted on May 20, 2015

As part of its series of lunches with New Mexico’s appellate judges, the Appellate Practice Section of the New Mexico State Bar will be sponsoring a brown-bag lunch with Justice Richard C. Bosson at the State Bar Center on Friday, June … Continue reading →

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NM Supreme Court denies emergency petition to fill state Senate vacancy

by Emil J. Kiehne Posted on March 19, 2015

Due to the recent resignation of state Senator Phil Griego, there has been a push to replace him before the current legislative session comes to an end. Senator Griego represented District 39, a large district that includes parts of six … Continue reading →

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Cop-killer Michael Astorga’s convictions upheld by NM Supreme Court

by Emil J. Kiehne Posted on February 17, 2015

In March 2006, Michael Astorga shot Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop. On Friday, in an opinion by Justice Chavez, the New Mexico Supreme Court rejected Astorga’s arguments on appeal and upheld his conviction for first-degree … Continue reading →

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NM Supreme Court affirms reappointment of judge who lost retention election

by Emil J. Kiehne Posted on January 20, 2015

According to this report in the Albuquerque Journal, on Friday the New Mexico Supreme Court rejected a petition to nullify Governor Martinez’s reappointment of Judge Albert Mitchell to a seat on the Tenth Judicial District Court. The Journal story says … Continue reading →

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NM Supreme Court hears case on aerial search with implications for drones

by Emil J. Kiehne Posted on January 16, 2015

The New Mexico Supreme Court held oral argument earlier this week in the case of State v. Norman Davis, which asks whether aerial surveillance by police constitutes a search requiring a warrant. The Las Cruces-Sun News has published this account of … Continue reading →

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Can the Governor reappoint a judge who lost his retention election?

by Emil J. Kiehne Posted on January 15, 2015

Tomorrow at 2:30 p.m., the New Mexico Supreme Court will hear argument on a petition to nullify Governor Martinez’s reappointment of Judge Albert Mitchell of the Tenth Judicial District Court, according to this report by Steven Hansen of the Clovis News … Continue reading →

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