Category Archives: News

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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Tenth Circuit: Hot dispute over Hatch chile trademark case leads to ruling that documents may be obtained from non-parties without a deposition

by Emil J. Kiehne Posted on June 20, 2016

It’s an understatement to say that chile peppers are an important part of New Mexico’s cuisine and culture. And, as the Tenth Circuit said last week in El Encanto, Inc. v. Hatch Chile Company, Inc., New Mexico’s “Hatch Valley may … Continue reading →

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NM Court of Appeals: Police not immune from loss of consortium claims

by Emil J. Kiehne Posted on June 10, 2016

In Thompson v. City of Albuquerque, the Court of Appeals has held that the Tort Claims Act does not shield law enforcement officers from loss of consortium claims. The unanimous opinion in this case was written by Judge Michael Bustamante.

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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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Have lunch with Chief Judge Michael Vigil

by Emil J. Kiehne Posted on June 3, 2016

On Friday, June 10, the Appellate Practice Section will be hosting a brown-bag lunch with Chief Judge Michael Vigil of the Court of Appeals. The lunch will begin at noon at the State Bar Center in Albuquerque. Space is limited, … 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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10th Circuit declines to revisit Utah polygamy decision

by Emil J. Kiehne Posted on May 13, 2016

Today the Tenth Circuit denied a petition for en banc review in Brown v. Buhman, the challenge to Utah’s anti-bigamy statute brought by reality television star Kody Brown and his four “sister wives.” Last month, the Tenth Circuit found that … Continue reading →

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Tenth Circuit Conference will host Justices Sotomayor and Kagan

by Emil J. Kiehne Posted on May 11, 2016

The schedule for this year’s Tenth Circuit Bench and Bar Conference has been released, and it includes talks by both Justice Sonia Sotomayor (the circuit justice for the Tenth Circuit) and Justice Elena Kagan. Other prominent speakers include appellate lawyers … 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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