Category Archives: News

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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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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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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Tenth Circuit to hold oral arguments in Albuquerque on November 13

by Emil J. Kiehne Posted on October 21, 2014

On Thursday, November 13, the Tenth Circuit will hold oral arguments in a number of cases at the University of New Mexico School of Law in Albuquerque, according to this announcement. The headliner is Pueblo of Jemez v. United States, a lawsuit … Continue reading →

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“Ringside Seat: In a clean race, it’s a shame someone has to lose”

by Emil J. Kiehne Posted on October 21, 2014

Milan Simonich has this article in the Santa Fe New Mexican about the race for the New Mexico Court of Appeals seat between incumbent Judge Miles Hanisee, the Republican candidate, and his Democratic challenger, appellate lawyer Kerry Kiernan. The article … Continue reading →

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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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Should the word limit for federal appellate briefs be decreased?

by Emil J. Kiehne Posted on September 8, 2014

Opening and answer briefs in federal court are presently limited to 14,000 words, but a proposed amendment to the Federal Rules of Appellate Procedure would decrease that limit to 12,500 words. The limit on reply briefs would fall from 7,000 … Continue reading →

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Tenth Circuit proposes changes to its local rules; comment period open through October 20

by Emil J. Kiehne Posted on August 25, 2014

The Tenth Circuit is inviting comment on the latest proposed changes to its local rules. The Clerk’s Office has released this memo summarizing the changes, and you can review the actual changes in redline in this lengthy document. The most … 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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