Category Archives: News

10th Circuit: Master limited partnership has citizenship of all its unitholders for diversity purposes

by Emil J. Kiehne Posted on November 6, 2015

Earlier this week, the Tenth Circuit held that the citizenship of a master limited partnership for diversity jurisdiction purposes is that of all its unitholders, explaining that the Supreme Court’s decision in Carden v. Arkoma Associates, 494 U.S. 185 (1990) dictates … Continue reading →

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Former Sheriff Thomas Rodella loses appeal in Tenth Circuit

by Emil J. Kiehne Posted on November 4, 2015

Today the Tenth Circuit issued its decision in United States v. Thomas Rodella, affirming the convictions of the former Rio Arriba County (N.M.) sheriff arising from a road rage incident in which he threatened a young motorist with a firearm. Sheriff … Continue reading →

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The Frezza case: does it threaten New Mexicans’ ability to obtain medical care in Texas?

by Emil J. Kiehne Posted on October 28, 2015

Due to an apparent shortage of qualified physicians in southern and eastern New Mexico, many residents of our state must seek medical care in Texas (usually in El Paso, Amarillo, and Lubbock). Earlier this year, the Court of Appeals held, … Continue reading →

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“Justices Grill Attorneys in New Mexico Assisted Suicide Case”

by Emil J. Kiehne Posted on October 26, 2015

Russell Contreras has this report about this morning’s oral argument before the New Mexico Supreme Court in the assisted suicide case, Morris v. Brandenburg.

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NM Supreme Court to hear assisted suicide case this morning

by Emil J. Kiehne Posted on October 26, 2015

This morning the New Mexico Supreme Court will hear oral argument in Morris v. Brandenburg, which presents the question whether the New Mexico Constitution creates a right to assisted suicide. I had hoped to attend, but will not be able to … Continue reading →

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10th Circuit: Bernalillo County deputies must face trial on excessive force claims

by Emil J. Kiehne Posted on October 23, 2015

In March 2013, the Maresca family — wife, husband, and three children — were returning from a hiking excursion in their red 2004 Ford-150 pickup truck when two Bernalillo County sheriff’s deputies pulled their vehicle over. The Marescas had not … Continue reading →

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Prof. Volokh on the New Mexico aerial surveillance decision

by Emil J. Kiehne Posted on October 21, 2015

As a follow-up to yesterday’s post about the New Mexico Supreme Court’s decision in State v. Norman Davis, which held that aerial surveillance by helicopter without a warrant can violate the Fourth Amendment, I thought you might be interested in … Continue reading →

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NM Supreme Court: Aerial surveillance without warrant violates 4th Amendment

by Emil J. Kiehne Posted on October 20, 2015

Yesterday, the New Mexico Supreme Court issued its opinion in the closely-watched case of State v. Norman Davis. The case began in 2006, when a police helicopter spotted marijuana plants in a greenhouse owned by Mr. Davis in Taos County. … Continue reading →

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Commission selects four applicants for NM Supreme Court

by Emil J. Kiehne Posted on October 19, 2015

In my earlier post about this morning’s Judicial Nominating Commission meeting, I noted that I had to leave at lunch time, so I did not get to see who was selected, but according to this story by Scott Sandlin in … Continue reading →

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Nominating commission interviews NM Supreme Court applicants

by Emil J. Kiehne Posted on October 19, 2015

This morning I had the pleasure of attending the New Mexico Judicial Nominating Commission’s meeting in Santa Fe to interview applicants for the Supreme Court seat that Justice Bosson will vacate at the end of the month. The meeting started at … Continue reading →

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