Category Archives: Opinions and Analysis

Watch those verdict forms, says Tenth Circuit

by Emil J. Kiehne Posted on August 20, 2013

As an appellate lawyer, I have a continuing (and probably unhealthy) obsession with verdict forms. Just like any other jury instruction, they can make or break your appeal. So it’s important to know when you must object to them, and … Continue reading →

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Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

by Emil J. Kiehne Posted on August 15, 2013

Officer Kevin Schultz of the Pojoaque tribal police department died a hero. While acting as a chaperone for a church youth group, he jumped in the Rio Grande to save a child who was drowning, but was unable to save … Continue reading →

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District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

by Emil J. Kiehne Posted on August 13, 2013

During the guilty plea colloquy for a defendant who was a Mexican national, the district judge advised him that deportation would be a likely result of his guilty plea, and the defendant said he understood. In a later habeas corpus … Continue reading →

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Workers’ comp benefits can’t exceed average weekly wage, says NM Court of Appeals

by Emil J. Kiehne Posted on July 22, 2013

In Livingston v. Environmental Earthscapes, a landscaper suffered a wrist injury and carpal tunnel syndrome at his job. The workers’ compensation judge found that the worker was entitled to permanent partial disability (PPD) and loss of use (LOU) benefits. This award … Continue reading →

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It’s not proper to exclude an expert merely because he’s not a specialist, says NM Court of Appeals

by Emil J. Kiehne Posted on July 19, 2013

In Holzem v. Presbyterian Healthcare Services (July 17, 2013), the Court of Appeals issued a reminder that New Mexico’s standard for the admission of expert testimony is liberal. The fact that a doctor is not a specialist, or have a particular … Continue reading →

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Being a former prosecutor should not disqualify one from serving on the Public Defender Commission

by Emil J. Kiehne Posted on July 16, 2013

Recently, Governor Susana Martinez’s appointment of former district judge, and former prosecutor, Susan Riedel to the New Mexico Public Defender Commission has generated some controversy. Critics of the appointment have made two arguments — first, that Ms. Riedel is not … Continue reading →

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NM Supreme Court holds that closure of courtroom to protect cooperating witnesses violated 6th Amendment Public Trial Clause

by Emil J. Kiehne Posted on July 1, 2013

The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a . . . public trial.” The Albuquerque Journal has this report about a decision the Supreme Court issued on Friday, State v. Turrietta, … Continue reading →

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NM Supreme Court issues four decisions in civil cases

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the New Mexico Supreme Court issued four opinions in civil cases: 1.  Strausberg v. Laurel Healthcare Providers.  In this medical malpractice action, the defendant nursing home moved to compel arbitration. The plaintiff claimed that the agreement was procedurally unconscionable, … Continue reading →

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Petition for mandamus asks NM Supreme Court to recognize same-sex marriage

by Emil J. Kiehne Posted on June 27, 2013

Joey Peters has this story in the Santa Fe Reporter, reporting that State Representative Brian Egolf (D-Santa Fe), who is an attorney, has filed a petition for writ of mandamus in the New Mexico Supreme Court on behalf of two … Continue reading →

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Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements

by Emil J. Kiehne Posted on June 25, 2013

In Free Speech v. Federal Election Commission, the Tenth Circuit rejected a First Amendment challenge to several FEC regulations defining what groups must disclose information about their donors. A federal statute, 2 U.S.C. § 434(c) requires anyone who makes “independent … Continue reading →

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