Category Archives: Opinions and Analysis

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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10th Circuit: If you fail to pay arbitration fees, your case will be sent back to court

by Emil J. Kiehne Posted on May 28, 2015

Todd Cahill was sued by his former employer. Mr. Cahill removed the case to federal district court, argued that the lawsuit was subject to an arbitration agreement, and asked the lawsuit be stayed so that the dispute could be arbitrated. For … 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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Agency’s failure to review record was abuse of discretion, says NM Court of Appeals

by Emil J. Kiehne Posted on May 15, 2015

Patricia Vigil, a state government employee, claimed she was disabled as a result of her work. A hearing officer of the Public Employees Retirement Board conducted a hearing, concluded she was disabled, and found that no pre-existing condition had significantly … Continue reading →

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NM Court of Appeals: 10.5 months was sufficient time to file medical malpractice lawsuit

by Emil J. Kiehne Posted on May 13, 2015

The New Mexico Medical Malpractice Act creates a statute of repose, not a statute of limitations. This means that a medical negligence lawsuit against a qualified healthcare provider must be filed within three years of the malpractice, regardless of whether the … Continue reading →

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10th Cir.: Remand order under McCarran-Ferguson Act isn’t appealable

by Emil J. Kiehne Posted on May 11, 2015

When an insurer becomes insolvent, state law (not federal bankruptcy law) controls the proceedings. A Utah insurer became insolvent, and the liquidator sued several affiliate companies in state court to recover funds that the insurer transferred to them before going belly … Continue reading →

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10th Circuit: New Mexico county’s challenge to election injunction is moot

by Emil J. Kiehne Posted on May 6, 2015

A lot of problems occurred in the City of Rio Rancho during the 2012 general election. Long lines as a result of too few voting locations drove many potential voters to give up in frustration. Several voters filed a Section … Continue reading →

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NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction

by Emil J. Kiehne Posted on May 5, 2015

A defendant removed a window screen at a home, when he noticed a woman inside, and realized that she had spotted him. He then left. Was this breaking and entering? By a 2-1 vote, the Court of Appeals upheld defendant’s … Continue reading →

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Possession of “The Girl With the Dragon Tattoo” violated probation, says NM Court of Appeals

by Emil J. Kiehne Posted on May 5, 2015

A defendant was on probation for sex offenses. The conditions of his probation prohibited him from possessing “any sexually oriented or sexually stimulating material.” The New Mexico Court of Appeals held that defendant violated the conditions of his probation by possessing … Continue reading →

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Former NM public officials can be sued for whistleblower violations

by Emil J. Kiehne Posted on April 24, 2015

In 2010, New Mexico Secretary of State Mary Herrera fired two employees of her office, James Flores and Manny Vildasol, after they reported to the FBI what they considered to be criminal activity by Herrera. At the time, she was … Continue reading →

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