Category Archives: Opinions and Analysis

Convictions upheld in 2010 murder of Albuquerque teenager

by Emil J. Kiehne Posted on September 17, 2015

The New Mexico Supreme Court has issued a non-precedential opinion in State v. Pagan-Rivera, affirming convictions for murder and other crimes in connection with the November 2010 shooting death of eighteen-year-old Dwayne Johnson in Albuquerque. Justice Daniels wrote the opinion. For … Continue reading →

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Tenth Circuit upholds Oklahoma death sentence

by Emil J. Kiehne Posted on September 16, 2015

The Bryan-College Station Eagle has this story about yesterday’s decision by the Tenth Circuit in Eizember v. Trammell, upholding a death sentence imposed against Scott Eizember as a result of a series of crimes he committed in 2003. Judge Neil … Continue reading →

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In which prosecutors must keep their promises, and talking to the police does little good

by Emil J. Kiehne Posted on September 15, 2015

Last week the New Mexico Supreme Court issued its decision in State v. Donovan King, a case where the defendant was convicted of murder and tampering with evidence. After being detained, a police officer relayed a prosecutor’s offer not to … Continue reading →

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NM Supreme Court upholds warrantless arrest of shoplifting suspect

by Emil J. Kiehne Posted on September 14, 2015

Last week the New Mexico Supreme Court, in an opinion by Justice Bosson, upheld the warrantless arrest of a shoplifting suspect in State v. Paananen. Scott Sandlin of the Albuquerque Journal has this story about the decision.

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Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court

by Emil J. Kiehne Posted on September 14, 2015

If a plaintiff asserts a breach of warranty claim under the Uniform Commercial Code, and seeks damages for personal injuries, that claim is governed by the 4-year UCC statute of limitations, not the 3-year statute of limitations for tort claims. So … Continue reading →

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NM Court of Appeals holds nursing home corporate veil should be pierced

by Emil J. Kiehne Posted on September 9, 2015

In Morrissey v. Krystopowicz, the Court of Appeals has held that where a plaintiff seeks to pierce the corporate veil, the causation-of-injury element can be satisfied by proof that an abuse of the corporate form has caused the plaintiff to … Continue reading →

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NM Supreme Court rejects former judge’s argument that she wasn’t up for retention in 2014

by Emil J. Kiehne Posted on August 20, 2015

After the voters declined to retain her in the 2014 general election, Judge Sheri Raphaelson of the First Judicial District Court took the position that she should not have been subjected to a retention election in the first place. Judge … Continue reading →

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10th Circuit affirms convictions in the NM Secretary of State scandal, but orders resentencing

by Emil J. Kiehne Posted on August 20, 2015

Last month, as I reported here, the Tenth Circuit affirmed the tax evasion convictions of Elizabeth Kupfer, who was a participant in the scandal involving the New Mexico Secretary of State’s office, which broke in 2010. Yesterday, it was her husband’s … Continue reading →

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NM Supreme Court upholds city’s rule barring its employees from seeking or holding elective office

by Emil J. Kiehne Posted on August 13, 2015

Today the New Mexico Supreme Court issued its ruling in Kane v. City of Albuquerque, upholding provisions of the City Charter and the City Personnel Rules which prohibit city employees from seeking or holding elective office. Emily Kane, a captain … Continue reading →

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New Mexico Court of Appeals rejects right to assisted suicide

by Emil J. Kiehne Posted on August 11, 2015

Today, the New Mexico Court of Appeals issued its long-awaited decision in Morris v. Brandenburg, and has held that the New Mexico Constitution creates no right to assisted suicide. This ruling is great news. The New Mexico Constitution says nothing … Continue reading →

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