Category Archives: Opinions and Analysis

NM Court of Appeals clarifies standards for reverse discrimination claims

by Emil J. Kiehne Posted on November 18, 2015

In Garcia v. Hatch Valley Public Schools, the plaintiff, a female school bus driver of German descent (with a Hispanic surname by marriage), alleges her firing was the result of racial and national origin discrimination. She sued the defendant school district … Continue reading →

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The lawsuit challenging Judge Nakamura’s appointment to the NM Supreme Court lacks merit

by Emil J. Kiehne Posted on November 16, 2015

According to this report by Phaedra Haywood in the Santa Fe New Mexican, disbarred lawyer Stuart Stein has filed a lawsuit challenging Judge Judith Nakamura’s appointment to the New Mexico Supreme Court on the ground that the Judicial Nominating Commission … Continue reading →

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NM Supreme Court strikes down law that provides free textbooks to private school students

by Emil J. Kiehne Posted on November 12, 2015

Today the New Mexico Supreme Court issued its decision in Moses v. Skandera, holding that the Instructional Materials Law, under which the state loans secular textbooks to children attending private schools, violates Article XII, Section 3 of the New Mexico Constitution. … Continue reading →

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10th Circuit: Magistrate in one district can’t authorize search in another

by Emil J. Kiehne Posted on November 11, 2015

Federal agents suspected Zachary Krueger, who lived in Kansas, of distributing child pornography on the internet. They obtained a warrant from a magistrate judge in Kanasas for his home, but discovered that neither he nor his computer was at home. His roommate … Continue reading →

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NM Court of Appeals: Lender failed to establish standing to foreclose

by Emil J. Kiehne Posted on November 9, 2015

Since our Supreme Court’s decision in Bank of New York v. Romero in 2014, New Mexico’s appellate courts have applied increased scrutiny to foreclosure lawsuits. The latest example of this trend is last week’s decision by the Court of Appelas … Continue reading →

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10th Circuit: Master limited partnership has citizenship of all its unitholders for diversity purposes

by Emil J. Kiehne Posted on November 6, 2015

Earlier this week, the Tenth Circuit held that the citizenship of a master limited partnership for diversity jurisdiction purposes is that of all its unitholders, explaining that the Supreme Court’s decision in Carden v. Arkoma Associates, 494 U.S. 185 (1990) dictates … Continue reading →

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Former Sheriff Thomas Rodella loses appeal in Tenth Circuit

by Emil J. Kiehne Posted on November 4, 2015

Today the Tenth Circuit issued its decision in United States v. Thomas Rodella, affirming the convictions of the former Rio Arriba County (N.M.) sheriff arising from a road rage incident in which he threatened a young motorist with a firearm. Sheriff … Continue reading →

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10th Circuit: Bernalillo County deputies must face trial on excessive force claims

by Emil J. Kiehne Posted on October 23, 2015

In March 2013, the Maresca family — wife, husband, and three children — were returning from a hiking excursion in their red 2004 Ford-150 pickup truck when two Bernalillo County sheriff’s deputies pulled their vehicle over. The Marescas had not … Continue reading →

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Prof. Volokh on the New Mexico aerial surveillance decision

by Emil J. Kiehne Posted on October 21, 2015

As a follow-up to yesterday’s post about the New Mexico Supreme Court’s decision in State v. Norman Davis, which held that aerial surveillance by helicopter without a warrant can violate the Fourth Amendment, I thought you might be interested in … Continue reading →

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NM Supreme Court: Aerial surveillance without warrant violates 4th Amendment

by Emil J. Kiehne Posted on October 20, 2015

Yesterday, the New Mexico Supreme Court issued its opinion in the closely-watched case of State v. Norman Davis. The case began in 2006, when a police helicopter spotted marijuana plants in a greenhouse owned by Mr. Davis in Taos County. … Continue reading →

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