Category Archives: Opinions and Analysis

NMSC upholds commitment of Socorro man who killed his father with a pick axe

by Emil J. Kiehne Posted on July 19, 2019

In State v. Baca, the New Mexico Supreme Court has upheld the criminal commitment of Manuel Baca, who killed his father in Socorro with a pick axe in 2016. The district court found him incompetent to stand trial and ordered … Continue reading →

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NMCA: Court-issued protective orders trump the Inspection of Public Records Act

by Emil J. Kiehne Posted on July 19, 2019

In a domestic relations case, the plaintiff sought records from a guardian ad litem who had been appointed for his son. The guardian ad litem sought and received a protective order, arguing that she was an arm of the court … Continue reading →

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10th Circuit adopts “tender rule” to determine when prisoner claims are subject to the PLRA’s exhaustion requirement

by Emil J. Kiehne Posted on July 12, 2019

Billy May was in federal prison during an outbreak of scabies. The prison required all inmates to take Invermectin to address the problem, but May refused because he was allergic to it. The prison quarantined May in a special housing … Continue reading →

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10th Circuit: Securities laws apply to fraud defendant’s sales to foreign customers

by Emil J. Kiehne Posted on January 25, 2019

The SEC brought a civil enforcement action against Charles Scoville, a resident of Utah, and his company, Traffic Monsoon, alleging that they ran a Ponzi scheme which raked in tens of millions of dollars. About 90% of his customers were … Continue reading →

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NMCA: Officer’s tap on car window was not a seizure

by Emil J. Kiehne Posted on January 23, 2019

Jennifer Simpson parked her car in a lot at a city park at 11:00 p.m. and turned off the car’s lights. A police officer saw this and believed her actions were suspicious because the park had closed an hour earlier … Continue reading →

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10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions

by Emil J. Kiehne Posted on January 23, 2019

Lina Thoung came to the United States illegally in 2002, and fraudulently obtained citizenship here in 2007. In 2012, her fraud came to light, and she pleaded guilty and stipulated to a removal order, but could not then be deported … Continue reading →

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10th Circuit: BLM not entitled to key to inspect well sites on private land

by Emil J. Kiehne Posted on January 22, 2019

In Maralex Resources, Inc. v. Barnhardt, the Tenth Circuit reversed a district court’s order that had granted the Bureau of Land Management (BLM) authority to require a private landowner to provide it with a key to access and inspect oil and gas wells. Although … Continue reading →

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NM Supreme Court issues opinion explaining its suspension of attorney Eric Dixon

by Emil J. Kiehne Posted on January 18, 2019

In November 2018, the New Mexico Supreme Court suspended prominent Portales lawyer Eric Dixon from the practice of law for at least nine months. Yesterday, the Court issued a unanimous opinion explaining its decision. The Court stated that Mr. Dixon … Continue reading →

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NMCA: Corpus delicti rule satisfied by circumstantial evidence

by Emil J. Kiehne Posted on July 31, 2017

The Court of Appeals, in State v. Platero, has overturned a trial court order dismissing a vehicular homicide charge before trial because the State did not plan to offer any expert testimony that the rollover car crash at issue killed … Continue reading →

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NMSC: Tort Claims Act waives sovereign immunity for loss of consortium claims

by Emil J. Kiehne Posted on June 19, 2017

Today the New Mexico Supreme Court issued its decision in Thompson v. City of Albuquerque, holding that the Tort Claims Act waives the state government’s sovereign immunity for loss of consortium claims. The case was brought by the minor children … Continue reading →

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