Category Archives: Opinions and Analysis

Calling judge a “drunken idiot on the bench,” among other things, earns attorney sanction from NM Supreme Court

by Emil J. Kiehne Posted on June 24, 2013

Today the New Mexico Supreme Court issued a published opinion (In re Ortiz) sanctioning an attorney for repeated instances of unprofessional behavior, sending a message that the Court will not be tolerant of this sort of conduct. Justice Chavez‘s opinion recounts multiple … Continue reading →

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Tenth Circuit gives broad interpretation to whistleblower protections of Sarbanes-Oxley Act

by Emil J. Kiehne Posted on June 14, 2013

Last week, in Lockheed Martin Corporation v. Administrative Review Board, DOL (June 4, 2013), the Tenth Circuit, in an opinion by Judge Michael Murphy, dealt a blow to business interests who had been arguing for a narrow interpretation of the whistleblower protections … Continue reading →

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Three new NM Supreme Court decisions today

by Emil J. Kiehne Posted on June 13, 2013

Today the New Mexico Supreme Court issued the following decisions: 1.  State v. Davis. In an opinion by Chief Justice Petra Jimenez Maes, the Court held that 72-year old defendant Norman Davis voluntarily consented to a search of his property for marijuana, despite … Continue reading →

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Child endangerment conviction affirmed: father smoked meth, kept unsecured firearms in home

by Emil J. Kiehne Posted on June 13, 2013

Yesterday, in State v. Schaaf, the New Mexico Court of Appeals affirmed a father’s conviction for “negligent child abuse by endangerment.” Five-year old triplets lived in the home, along with a teenager. In upholding the conviction, Judge Cynthia Fry‘s opinion notes that … Continue reading →

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Police expert testimony on drug trafficking is not governed by Daubert/Alberico standard

by Emil J. Kiehne Posted on June 12, 2013

In State v. Rael-Gallegos, the defendant was convicted of possession of cocaine with intent to distribute. Defendant contended that the cocaine in her possession was for her personal use, not for distribution. At trial, the State presented the expert testimony … Continue reading →

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Dry ice bombs are not “explosives,” NM Court of Appeals holds

by Emil J. Kiehne Posted on June 11, 2013

Dry ice bombs may be illegal at Disneyland, but not in New Mexico. That seems to be the lesson of the Court of Appeals’ recent decision in State v. Alverson. When Alamogordo police searched Kevin Alverson’s car, they found two … Continue reading →

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Telephonic approval of search warrants okay in New Mexico

by Emil J. Kiehne Posted on June 10, 2013

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … Continue reading →

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Medical malpractice damages cap is constitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 7, 2013

A plaintiff suffered severe and painful injuries, and required subsequent surgeries, as a result of errors made during a colonoscopy. A jury awarded the plaintiff $1,000,000 in damages, but the trial court reduced the award to $600,000 to comply with … Continue reading →

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In “perfect First Amendment storm,” 10th Circuit rules against anti-Bush protesters

by Emil J. Kiehne Posted on June 5, 2013

  In 2007, President George W. Bush came to Los Ranchos de Albuquerque for a political fundraiser at the home of Larry Abraham, the mayor of Los Ranchos. Protestors opposed to Bush’s policies sought to demonstrate against him, but were … Continue reading →

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Two new NM Court of Appeals decisions — paternity and insurance coverage edition

by Emil J. Kiehne Posted on June 4, 2013

Yesterday the New Mexico Court of Appeals issued two decisions: 1.  The Court held that the personal representative of a deceased man (who died six months before the mother gave birth to his putative child) had standing to seek a determination of paternity under … Continue reading →

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