Category Archives: Opinions and Analysis

NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction

by Emil J. Kiehne Posted on February 17, 2016

Requildo Cardenas was jolted awake at 1:30 a.m. by someone banging on his front door. He grabbed a gun and demanded to know who was there, but received no answer. Instead, the unknown person continued banging on the door. Cardenas … Continue reading →

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Tenth Circuit rejects challenge to donor disclosure requirement in Colorado election law

by Emil J. Kiehne Posted on February 5, 2016

The Independence Institute wanted to run a television ad right before the 2014 general election that criticized Colorado’s failure to audit its health insurance exchange, and which asked viewers to contact the governor (who was then up for re-election) to … Continue reading →

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NM Court of Appeals: Attorney-client arbitration contracts must be supported by informed consent

by Emil J. Kiehne Posted on February 5, 2016

When Ray Castillo retained lawyers to represent him in his personal injury case, he signed a contract with them which provided that “[s]hould any dispute arise, Client and Attorney agree to submit their dispute to arbitration.” When Castillo later sued … Continue reading →

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“Editorial: Subjecting out-of-state M.D.s to NM law risky”

by Emil J. Kiehne Posted on January 20, 2016

Yesterday the Albuquerque Journal ran this editorial about Montaño v. Frezza, which is pending in the New Mexico Supreme Court. The case involves a New Mexico plaintiff who allegedly suffered malpractice at the hands of a physician in Texas who worked … Continue reading →

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10th Circuit rejects habeas claim in Ryder death penalty case

by Emil J. Kiehne Posted on January 12, 2016

James Chandler Ryder believed that the apocalypse would occur on January 1, 2000, and planned to flee to the Yukon, where he believed he could survive that event. Daisy Hallum and her son, Sam, were storing supplies that Mr. Ryder … Continue reading →

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10th Circuit rules against officers who allegedly procured false confession from mentally disabled man

by Emil J. Kiehne Posted on January 12, 2016

The Tenth Circuit has affirmed a trial court’s denial of qualified immunity to several Colorado police officers, who are being sued for allegedly using a confession they knew to be false to charge plaintiff Tyler Sanchez, a man with cognitive … Continue reading →

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10th Circuit: Arbitration agreement did not allow plaintiff effective vindication of rights

by Emil J. Kiehne Posted on January 6, 2016

In Nesbitt v. FCNH, Inc., the Tenth Circuit has affirmed a trial court’s decision refusing to enforce an arbitration agreement because it did not allow the plaintiff to effectively vindicate her rights. Rhonda Nesbitt sued defendants, claiming that they violated … Continue reading →

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Tenth Circuit upholds rafting company’s liability waiver in wrongful death case

by Emil J. Kiehne Posted on January 6, 2016

Sue Ann Apolinar signed up for a rafting trip on the Arkansas River in Colorado. Tragically, while her raft was passing through a rapid called Seidel’s Suck Hole, it capsized. Other passengers were pulled out, but Ms. Apolinar became stuck … Continue reading →

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Tenth Circuit rejects architectural copyright infringement claim

by Emil J. Kiehne Posted on January 6, 2016

In Savant Homes, Inc. v. Collins, the Tenth Circuit affirmed summary judgment for the defense on a homebuilder’s claim that the defendants built two homes based on its copyrighted architectural design. The design, called the Anders Plan, consists of “a ranch house with … Continue reading →

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Defense verdict in New Mexico wrongful death case reversed on Batson violation

by Emil J. Kiehne Posted on December 16, 2015

The New Mexico Court of Appeals has reversed a defense verdict in a wrongful death case, holding that the defendants’ use of peremptory jury strikes to remove Hispanics from the jury was unconstitutional and violated the principles established by the U.S. … Continue reading →

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