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# New Mexico & CA10 Appellate Blog

Following developments in New Mexico's appellate courts and the U.S. Court of Appeals for the Tenth Circuit

## Sitemaps

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## Posts

- [Does Ted Cruz's legal work in New Mexico mean he's a hypocrite? Nope.](https://nmappellatelaw.com/does-ted-cruzs-legal-work-in-new-mexico-mean-hes-a-hypocrite-nope/) - Ted Cruz defended high punitive damages awards in two New Mexico lawsuits, but personally supports tort reform.
- [Little Sisters seek relief from SCOTUS, and an op-ed gets their claims wrong](https://nmappellatelaw.com/little-sisters-seek-relief-from-scotus-and-an-op-ed-gets-their-claims-wrong/) - The Little Sisters of the Poor have appealed to SCOTUS from the 10th Circuit's decision rejecting their challenge to the adequacy of the religious accommodation in the contraceptive mandate.
- [American Constitution Society of NM to hold inaugural event on April 20](https://nmappellatelaw.com/american-constitution-society-of-nm-to-hold-inaugural-event-on-april-20/) - A chapter of the American Constitution Society is being formed in New Mexico, and will host its inaugural event on April 20, 2016, with talks on wrongful convictions by exonerated death row inmate Juan Melendez, and UNM law professor Gordon Rahn.
- [Albuquerque lawyer Kerry Morris to run for New Mexico Supreme Court](https://nmappellatelaw.com/albuquerque-lawyer-kerry-morris-to-run-for-new-mexico-supreme-court/) - Albuquerque lawyer Kerry Morris to run for New Mexico Supreme Court
- [Telephonic approval of search warrants okay in New Mexico](https://nmappellatelaw.com/telephonic-approval-of-search-warrants-okay-in-new-mexico/) - 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 dead horse, and after one of Defendants admitted having several dead horses and cats, an
- [NMSC: Independent medical examination may be ordered in workers' compensation death benefits cases](https://nmappellatelaw.com/nmsc-independent-medical-examination-may-be-ordered-in-workers-compensation-death-benefits-cases/) - NMSC: Independent medical examination may be ordered in workers' compensation death benefits cases
- [NMCA: Court-issued protective orders trump the Inspection of Public Records Act](https://nmappellatelaw.com/nmca-court-issued-protective-orders-trump-the-inspection-of-public-records-act/) - NMCA: Court-issued protective orders trump the Inspection of Public Records Act
- [NM Court of Appeals: Attorney-client arbitration contracts must be supported by informed consent](https://nmappellatelaw.com/nm-court-of-appeals-attorney-client-arbitration-contracts-must-be-supported-by-informed-consent/) - The New Mexico Court of Appeals has held that arbitration agreements between attorneys and clients are unenforceable absent the client's informed consent.
- [In which prosecutors must keep their promises, and talking to the police does little good](https://nmappellatelaw.com/nm-supreme-court-in-which-prosecutors-must-keep-their-promises-and-talking-to-the-police-does-little-good/) - New Mexico Supreme Court enforces prosecutor's promise to dismiss tampering with evidence charge, and says defendant's exculpatory statements to police were hearsay.
- [Being a former prosecutor should not disqualify one from serving on the Public Defender Commission](https://nmappellatelaw.com/being-a-former-prosecutor-does-not-disqualify-one-from-serving-on-the-public-defender-commission/) - Susan Riedel is not disqualified from serving on the New Mexico Public Defender Commission merely because she was a former prosecutor.
- [NMCA: Wrongfully enjoined defendant cannot recover damages in the absence of an injunction bond](https://nmappellatelaw.com/nmca-wrongfully-enjoined-defendant-cannot-recover-damages-in-the-absence-of-an-injunction-bond/) - A wrongfully enjoined defendant may not recover damages except from an injunction bond, or by bringing a lawsuit for malicious abuse of process
- [Defense verdict in New Mexico wrongful death case reversed on Batson violation](https://nmappellatelaw.com/defense-verdict-in-wrongful-death-case-reversed-due-to-batson-violation/) - The New Mexico Court of Appeals has reversed a defense verdict in a wrongful death case due to a Batson violation in jury selection.
- [Tenth Circuit: plaintiff cannot manufacture diversity jurisdiction by assigning claims to corporation](https://nmappellatelaw.com/plaintiff-cannot-manufacture-diversity-jurisdiction-by-assigning-claims/) - The Tenth Circuit has rejected a Utah man's effort to manufacture diversity jurisdiction by forming a Wyoming corporation and assigning claims to it.
- [NM Supreme Court rejects right to assisted suicide](https://nmappellatelaw.com/nm-supreme-court-rejects-right-to-assisted-suicide/) - The New Mexico Supreme Court held today that there is no right to assisted suicide under the New Mexico Constitution.
- [NMSC: Unfair Practices Act protects consumers, not competitors](https://nmappellatelaw.com/nmsc-unfair-practices-act-protects-consumers-not-competitors/) - New Mexico Supreme Court: Unfair Practices Act protects consumers not competitors
- [NM Supreme Court denies emergency petition to fill state Senate vacancy](https://nmappellatelaw.com/nm-supreme-court-denies-emergency-petition-to-fill-state-senate-vacancy/) - The New Mexico Supreme Court denied a petition for writ of mandamus to compel several county commissions to hold emergency meetings to nominate replacements for Senator Phil Griego
- [Federal Bar Association chapter forms in New Mexico, will host several prominent speakers](https://nmappellatelaw.com/federal-bar-association-chapter-forms-in-new-mexico-will-host-several-prominent-speakers/) - A Federal Bar Association chapter is being organized in New Mexico
- [Medical malpractice damages cap is constitutional, says NM Court of Appeals](https://nmappellatelaw.com/medical-malpractice-damages-limits-are-constitutional-says-nm-court-of-appeals/) - 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 the damages cap in the Medical Malpractice Act, which limits damages in a medical malpractice
- [CA10: District court should hold evidentiary hearing to determine whether trial counsel should have offered evidence of the defendant's intellectual disability in death penalty case](https://nmappellatelaw.com/ca10-district-court-should-hold-evidentiary-hearing-to-determine-whether-trial-counsel-should-have-offered-evidence-of-the-defendants-intellectual-disability-in-death-penalty-case/) - CA10: Ordering evidentiary hearing to determine whether trial counsel should have offered evidence of the defendant's intellectual disability in death penalty case
- [CA10: Destruction of innocent homeowner's property by police was not a taking](https://nmappellatelaw.com/ca10-destruction-of-innocent-homeowners-property-by-police-was-not-a-taking/) - Destruction of innocent homeowner's property by police was not a taking
- [10th Circuit: Albuquerque city clerk and lawyers are immune from suit by failed mayoral candidate](https://nmappellatelaw.com/10th-circuit-albuquerque-city-clerk-and-lawyers-are-immune-from-suit-by-failed-mayoral-candidate/) - Tenth Circuit holds that Albuquerque city attorney and city clerk are immune from Section 1983 claims that they violated the plaintiffs' First Amendment rights by filing a protective order against them in state court
- ["Medical damages debate hits NM Supreme Court"](https://nmappellatelaw.com/medical-damages-debate-hits-nm-supreme-court/) - The New Mexico Supreme Court heard oral argument in Siebert v. Okun, a challenge to the constitutionality of the Medical Malpractice Act's cap on damages for qualified healthcare providers
- [NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits](https://nmappellatelaw.com/motion-to-disqualify-lawyer-must-be-resolved-first/) - The New Mexico Supreme Court has reversed a decision of the Public Regulation Commission because the PRC decided the merits before it decided whether the lawyer should have been disqualified
- [NM Supreme Court: Prison guard's employers are vicariously liable for sexual assaults on inmates](https://nmappellatelaw.com/nm-supreme-court-prison-guards-employers-are-vicariously-liable-for-sexual-assaults-on-inmates/) - The New Mexico Supreme Court has held that the employer of a tortfeasor whose employment gives him substantial power or authority to control important elements of a vulnerable tort victim's life or livelihood is vicariously liable for the employee's conduct.
- [CA10: Defect in notice to appear for removal hearing was not jurisdictional](https://nmappellatelaw.com/ca10-defect-in-notice-to-appear-for-removal-hearing-was-not-jurisdictional/) - Defect in notice to appear for removal hearing was not jurisdictional
- [NMCA: Whistleblower who recovered no damages still entitled to attorney's fees and costs](https://nmappellatelaw.com/nmca-whistleblower-who-suffered-no-damages-still-entitled-to-attorneys-fees-and-costs/) - Whistleblower who suffered no damages still entitled to attorney's fees and costs
- [CA10: Supreme Court's decision in Davis announced a new rule that applies retroactively to cases on collateral review](https://nmappellatelaw.com/ca10-supreme-courts-ruling-in-davis-was-a-new-rule-that-applies-retroactively-to-cases-on-collateral-review/) - Today the Tenth Circuit published its order in In re Mullins, granting the defendant's motion to file a second or successive § 2255 motion to challenge his conviction for possession of a firearm during and in relation to a conspiracy to commit Hobbs Act robbery. The Tenth Circuit concluded that the Supreme Court's decision last
- [This week's oral arguments at NMSC: Warrior genes, the medical malpractice cap, and more](https://nmappellatelaw.com/this-weeks-oral-arguments-at-nmsc-warrior-genes-the-medical-malpractice-cap-and-more/) - This week's oral arguments at NMSC: Warrior genes, the medical malpractice cap, and more
- [Nakamura, Vargas prevail in New Mexico's appellate judicial races](https://nmappellatelaw.com/nakamura-vargas-prevail-in-new-mexicos-appellate-judicial-races/) - Nakamura, Vargas prevail in New Mexico's appellate judicial races.
- [Justice Alito to visit Albuquerque on February 14](https://nmappellatelaw.com/justice-alito-to-visit-albuquerque-on-february-14/) - Justice Samuel Alito of the United States Supreme Court will visit Albuquerque on February 14.
- [Interview with Chief Judge Michael Vigil, Democratic candidate for the NM Supreme Court](https://nmappellatelaw.com/interview-with-chief-judge-michael-vigil-democratic-candidate-for-the-nm-supreme-court/) - Here is my interview with Chief Judge Michael Vigil, the Democratic candidate for the New Mexico Supreme Court.
- [NM Supreme Court: Probation term does not expire if defendant absconds](https://nmappellatelaw.com/nm-supreme-court-probation-term-does-not-expire-if-defendant-absconds/) - The New Mexico Supreme Court has held that a term of probation does not expire while a defendant is a fugitive from justice.
- [Interview with Justice Judith Nakamura, Republican candidate for the New Mexico Supreme Court](https://nmappellatelaw.com/interview-with-justice-judith-nakamura-republican-candidate-for-the-new-mexico-supreme-court/) - Here is my interview with Justice Judith Nakamura, Republican candidate for the New Mexico Supreme Court.
- [Gov. Martinez appoints Henry "Hank" Bohnhoff to the NM Court of Appeals](https://nmappellatelaw.com/gov-martinez-appoints-henry-hank-bohnhoff-to-the-nm-court-of-appeals/) - Governor Martinez appoints Henry "Hank" Bohnhoff to the New Mexico Court of Appeals.
- [Gov. Martinez reappoints Stephen French to the NM Court of Appeals](https://nmappellatelaw.com/gov-martinez-reappoints-stephen-french-to-the-nm-court-of-appeals/) - Governor Martinez has reappointed Judge Stephen French to the New Mexico Court of Appeals.
- [NM Court of Appeals: Dismissal "without prejudice" can have res judicata effect](https://nmappellatelaw.com/nm-court-of-appeals-dismissal-without-prejudice-can-have-res-judicata-effect/) - The New Mexico Court of Appeals has held that the dismissal of a complaint can have res judicata effect even when the dismissal is "without prejudice"
- [Tenth Circuit upholds lawyer's conviction for tax evasion](https://nmappellatelaw.com/tenth-circuit-upholds-lawyers-conviction-for-tax-evasion/) - The Tenth Circuit upheld a lawyer's conviction for tax evasion, rejecting a challenge to the sufficiency of the evidence.
- [NMCA: Officer's tap on car window was not a seizure](https://nmappellatelaw.com/nmca-officers-tap-on-car-window-was-not-a-seizure/) - An officer who tapped on the defendant's car window did not seize her; this initial encounter was consensual.
- [Have lunch with Judge Wechsler of the NM Court of Appeals](https://nmappellatelaw.com/have-lunch-with-judge-wechsler-of-the-nm-court-of-appeals/) - The State Bar's Appellate Practice Section will host a brown bag lunch with Judge James Wechsler of the Court of Appeals on Friday, December 2, at noon at the State Bar Center in Albuquerque.
- ["New Mexico high court hears ‘warrior gene’ arguments"](https://nmappellatelaw.com/new-mexico-high-court-hears-warrior-gene-arguments/) - "New Mexico high court hears ‘warrior gene’ arguments"
- ["NM Supreme Court takes up deadly pursuit cases"](https://nmappellatelaw.com/nm-supreme-court-takes-up-deadly-pursuit-cases/) - "NM Supreme Court takes up deadly pursuit cases"
- [Interview with Julie Vargas, Democratic candidate for the New Mexico Court of Appeals](https://nmappellatelaw.com/interview-with-julie-vargas-democratic-candidate-for-the-new-mexico-court-of-appeals/) - An interview with Julie Vargas, Democratic candidate for the New Mexico Court of Appeals.
- [Santa Fe trial court upholds $165.5M verdict against FedEx](https://nmappellatelaw.com/santa-fe-trial-court-upholds-165-5m-verdict-against-fedex/) - A Santa Fe trial judge has denied FedEx's post-judgment motions seeking to overturn a jury's $165.5 million verdict in a wrongful death case.
- [Eight apply for NM Supreme Court vacancy](https://nmappellatelaw.com/eight-apply-for-nm-supreme-court-vacancy/) - Eight judges and lawyers have applied to fill the New Mexico Supreme Court seat being vacated by Justice Bosson.
- [Nominating commission interviews NM Supreme Court applicants](https://nmappellatelaw.com/nominating-commission-meets-to-interview-nm-supreme-court-applicants/) - The Judicial Nominating Commission met to interview applicants for the New Mexico Supreme Court
- [CA10: Affirmative withdrawal of challenge to presentence report is a waiver](https://nmappellatelaw.com/ca10-affirmative-withdrawal-of-challenge-to-presentence-report-is-a-waiver/) - Affirmative withdrawal of challenge to pre-sentence report is a waiver
- [UNM student will ask Tenth Circuit to revive lawsuit alleging she was penalized for criticizing lesbianism](https://nmappellatelaw.com/unm-student-will-ask-tenth-circuit-to-revive-lawsuit-alleging-she-was-penalized-for-criticizing-lesbianism/) - A UNM student is asking the 10th Circuit to reverse the dismisal of her lawsuit alleging that the university violated her First Amendment rights by penalizing her for criticizing lesbianism.
- [NM Court of Appeals sets standard for personal jurisdiction over foreign defendants](https://nmappellatelaw.com/nm-court-of-appeals-sets-standard-for-personal-jurisdiction-over-foreign-defendants/) - The New Mexico Court of Appeals adopted a liberal standard in assessing whether personal jurisdiction may be exercised over foreign defendants
- [A trip to Justice Serna's home town](https://nmappellatelaw.com/a-trip-to-justice-sernas-home-town/) - Those who know former New Mexico Supreme Court Justice Patricio "Pat" Serna may, on rare occasions, hear him mention that he hails from the small, western New Mexico town of Reserve, which has a population of between 300 and 400. Reserve is the seat of Catron County, which is New Mexico's largest county in land area. Although
- [NM Supreme Court issues opinion explaining its suspension of attorney Eric Dixon](https://nmappellatelaw.com/nm-supreme-court-issues-opinion-explaining-its-suspension-of-attorney-eric-dixon/) - The New Mexico Supreme Court issued an opinion explaining its decision to suspend Portales lawyer Eric Dixon
- [NMCA: Testimony about threatening text did not violate best evidence rule where victim's phone could not be unlocked](https://nmappellatelaw.com/nmca-testimony-about-threatening-text-did-not-violate-best-evidence-rule-where-victims-phone-could-not-be-unlocked/) - NMCA: Testimony about texts did not violate best evidence rule where victim's phone could not be unlocked
- [Check out the (relatively) new appellate blog, "I Object!"](https://nmappellatelaw.com/check-out-the-relatively-new-appellate-blog-i-object/) - The Florida law firm Carlton Fields Jorden Burt has begun a helpful blog on appellate error preservation.
- ["A Bit of the Wild West Survives in New Mexico"](https://nmappellatelaw.com/a-bit-of-the-wild-west-survives-in-new-mexico/) - The New Mexico Court of Appeals struck down a county ordinance that prohibited livestock from running free, because it conflicted with state law
- [Judge Jim Wechsler to retire from NM Court of Appeals](https://nmappellatelaw.com/judge-jim-wechsler-to-retire-from-nm-court-of-appeals/) - Judge Jim Wechsler has announced that he will retire from the New Mexico Court of Appeals on July 31, 2017.
- [New Mexico Supreme Court establishes new standard for peremptory excusals of judges](https://nmappellatelaw.com/new-mexico-supreme-court-establishes-new-standard-for-peremptory-excusals-of-judges/) - In New Mexico state courts, each party has a right to peremptorily excuse one assigned judge. The NM Supreme Court has called for this practice to change.
- [Justices Bacon and Thomson kick off their election campaigns next week](https://nmappellatelaw.com/justices-bacon-and-thomson-kick-off-their-election-campaigns-next-week/) - In New Mexico, judges who are appointed to fill a vacancy must run to keep their seats in the next general election. These judicial races are partisan ones. If you are appointed and don't win, you will be back in private practice (just like me). Thus, Justice Shannon Bacon and Justice David Thomson, who were
- [Motion to compel arbitration is not a Get-Out-Of-Discovery-Free card, says NM Court of Appeals](https://nmappellatelaw.com/motion-to-compel-arbitration-is-not-a-get-out-of-discovery-free-card-says-nm-court-of-appeals/) - The New Mexico Court of Appeals has held that the mere filing of a motion to compel arbitration does not automatically stay discovery.
- [DWI lawyer Ron Bell prevails on appeal in his own DWI case](https://nmappellatelaw.com/ron-bell-prevails/) - The New Mexico Court of Appeals has affirmed a lower court's decision suppressing evidence against high-profile Albuquerque lawyer Ron Bell in a drunk driving case.
- [Judges Bustamante & Kennedy to retire from NM Court of Appeals](https://nmappellatelaw.com/judges-bustamante-kennedy-to-retire-from-nm-court-of-appeals/) - Judge Roderick Kennedy and Judge Michael Bustamante have announced they will retire this autumn.
- [NMCA: Reversing conviction of middle school student who said he was making a "kill list"](https://nmappellatelaw.com/nmca-reversing-conviction-of-middle-school-student-who-said-he-was-making-a-kill-list/) - Conviction for violating statute criminalizing willful interference with the educational process reversed, because trial court improperly convicted student under a general intent standard, when this is actually a specific-intent crime.
- [CA10: Violence in El Salvador is not, by itself, a basis for asylum](https://nmappellatelaw.com/ca10-violence-in-el-salvador-is-not-by-itself-a-basis-for-asylum/) - Several years ago, Santos Raul Escobar-Hernandez was attacked by a man named Nelson in El Salvador over some political graffiti near his house, and attacked again even after he removed it. His application for asylum in the United States was denied. In Escobar-Hernandez v. Barr, the Tenth Circuit affirmed, in an opinion by Judge McKay.
- [NMCOA rejects challenge to radar technology used to determine drivers' speed](https://nmappellatelaw.com/nmcoa-rejects-challenge-to-radar-technology-used-to-determine-drivers-speed/) - The New Mexico Court of Appeals upholds the use of radar technology in determining driver speed.
- [Top Books on New Mexico](https://nmappellatelaw.com/top-books-on-new-mexico/) - New Mexico's State Historian, Rick Hendricks, has compiled a list of good books about the Land of Enchantment.
- [Colorado will ask SCOTUS to review Tenth Circuit's ruling on "faithless electors"](https://nmappellatelaw.com/colorado-will-ask-scotus-to-review-tenth-circuits-ruling-on-faithless-electors/) - Colorado will ask SCOTUS to review Tenth Circuit's ruling on "faithless electors"
- [Cop-killer Michael Astorga's convictions upheld by NM Supreme Court](https://nmappellatelaw.com/cop-killer-michael-astorgas-convictions-upheld-by-nm-supreme-court/) - The New Mexico Supreme Court has upheld the convictions of Michael Astorga, who shot and killed Deputy James McGrane.
- [NMSC: Trial judge properly granted new trial after he had ex parte contact with jury](https://nmappellatelaw.com/nmsc-trial-judge-properly-granted-new-trial-after-he-had-ex-parte-contact-with-jury/) - A district judge had ex parte contact with a jury after it returned an apparently inconsistent verdict. A new trial was properly granted in the interest of justice, and double jeopardy did not bar retrial.
- [Judge Cynthia Fry to retire at the end of 2015](https://nmappellatelaw.com/judge-cynthia-fry-to-retire-at-the-end-of-2015/) - Judge Cynthia Fry of the New Mexico Court of Appeals has announced that she will be retiring effective December 31, 2015.
- [New Mexico Court of Appeals holds that Anti-SLAPP Statute does not apply to judicial proceedings](https://nmappellatelaw.com/new-mexico-court-of-appeals-holds-that-anti-slapp-statute-does-not-apply-to-judicial-proceedings/) - A "strategic lawsuit against public participation," or SLAPP, is a lawsuit that is intended to punish members of the public for criticizing or opposing actions that the plaintiff wants a public body to take. The usual objective of such a lawsuit is not necessarily to win, but rather to silence one's opponents. These lawsuits take many forms. For
- [Congratulations to the new Chief Judge of the New Mexico Court of Appeals, Miles Hanisee](https://nmappellatelaw.com/congratulations-to-the-new-chief-judge-of-the-new-mexico-court-of-appeals-miles-hanisee/) - Miles Hanisee is the new Chief Judge of the New Mexico Court of Appeals
- [Judge Hanisee to speak at Albuquerque Lawyers Club on May 4](https://nmappellatelaw.com/judge-hanisee-to-speak-at-albuquerque-lawyers-club-on-may-4/) - Judge Hanisee will speak at a lunch meeting of the Albuquerque Lawyers Club on May 4.
- ["'Faithless Electors' Could Tip the 2020 Election. Will the Supreme Court Stop Them?"](https://nmappellatelaw.com/faithless-electors-could-tip-the-2020-election-will-the-supreme-court-stop-them/) - This article by Adam Liptak in the New York Times describes a split in authority between the Washington Supreme Court, which upheld a law imposing fines on "faithless electors" who vote contrary to their state's presidential vote winner, and the Tenth Circuit's recent decision in Baca v. Colorado Department of State, which held that the
- [Interview with Judge Miles Hanisee of the NM Court of Appeals (2014)](https://nmappellatelaw.com/interview-with-judge-hanisee/) - My interview with Judge Miles Hanisee of the New Mexico Court of Appeals.
- [NM Court of Appeals holds nursing home corporate veil should be pierced](https://nmappellatelaw.com/nm-court-of-appeals-holds-nursing-home-corporate-veil-should-be-pierced/) - The New Mexico Court of Appeals has expanded the injury element of piercing the corporate veil claims.
- [10th Circuit affirms injunction against ban aimed at jury nullification advocacy outside courthouse](https://nmappellatelaw.com/10th-circuit-affirms-injunction-against-ban-aimed-at-jury-nullification-advocacy-outside-courthouse/) - The Tenth Circuit has affirmed a preliminary injunction on a state court rule banning advocacy on a plaza outside a courthouse, which was aimed at jury nullification advocates.
- [NMCA: Fundamental error to instruct jury on element of crime that has been repealed](https://nmappellatelaw.com/nmca-fundamental-error-to-instruct-jury-on-part-of-criminal-statute-that-had-been-repealed/) - In this case, the defendant, Marcos Figueroa, was charged with criminal sexual penetration of a minor for abusing his son and stepson. At trial, the district court granted the State's request that the jury be instructed that the defendant had used his "position of authority" over the victims to coerce them to submit to the
- [NMCA: District court can't dismiss case under Rule 1-041(E)(1) if plaintiff is in compliance with a scheduling order](https://nmappellatelaw.com/nmca-district-court-cant-dismiss-case-if-plaintiff-is/) - NMCA: District court can't dismiss case under Rule 1-041(E)(1) if plaintiff is in compliance with scheduling order
- [NMCA: Underground water rights may be partially forfeited](https://nmappellatelaw.com/nmca-underground-water-rights-may-be-partially-forfeited/) - The New Mexico Court of Appeals has held that underground water rights may be partially forfeited.
- [NMCA: Albuquerque police are immune from claims that they botched an investigation of the death of prominent lawyer Mary Han](https://nmappellatelaw.com/nmca-albuquerque-police-are-immune-from-claims-that-they-botched-an-investigation-of-the-death-of-prominent-lawyer-mary-han/) - The City of Albuquerque and its police officials are immune from claims brought by Mary Han's estate that they botched the investigation into her death.
- [The New Mexico Court of Appeals has changed the way it assigns panels and authorships](https://nmappellatelaw.com/the-new-mexico-court-of-appeals-has-changed-the-way-it-assigns-panels-and-authorships/) - The New Mexico Court of Appeals has changed the way it assigns panels and authorships
- [NM Supreme Court restricts judges' use of social media. Did it go too far?](https://nmappellatelaw.com/nm-supreme-court-restricts-judges-use-of-social-media-did-it-go-too-far/) - The New Mexico Supreme Court has offered guidance to judges on their use of social media, but did it go too far?
- [NMCA: Juvenile "used" BB gun in assault despite not brandishing or referring to it](https://nmappellatelaw.com/nmca-juvenile-used-bb-gun-in-assault-despite-not-brandishing-or-referring-to-it/) - This case presents an interesting issue of textual interpretation -- what does it mean to "use" a weapon? I would not be surprised to see our Supreme Court take up this case: Suspecting that 12-year old Zachariah G. had some sort of weapon, the principal of his middle school in Clovis brought Zachariah to his
- [CA10: When an appellate decision is split, district courts must keep their eyes on the result](https://nmappellatelaw.com/ca10-when-an-appellate-decision-is-split-district-courts-must-keep-their-eyes-on-the-result/) - When an appellate decision is fractured, the mandate rule and law of the case require that a lower court follow the result reached, even if the fractured opinions appear to require a different result.
- [NMSC: Defendant need not expressly state "I am guilty" to enter a valid guilty plea](https://nmappellatelaw.com/nmsc-defendant-need-not-expressly-state-i-am-guilty-to-enter-a-valid-guilty-plea/) - A criminal defendant need not expressly say "I am guilty" for his guilty plea to be valid.
- [Judge Zachary Ives' campaign website is now up](https://nmappellatelaw.com/judge-zachary-ives-campaign-website-is-now-up/) - Judge Zachary Ives' campaign website is now up
- [NMCA issues another opinion on UM/UIM insurance](https://nmappellatelaw.com/nmca-issues-another-opinion-on-um-uim-insurance/) - New Mexico's appellate courts have issued a long line of decisions dealing with uninsured and underinsured motorist in insurance. In fact, last year I made my own contribution to the genre. This week the Court of Appeals issued another UM/UIM insurance decision, Sanchez v. Essentia Insurance Company (opinion by Judge Ives). But because my firm
- [CA10: Use of code words, and time spent with drug dealer, sufficient to support drug convictions](https://nmappellatelaw.com/ca10-use-of-code-words-and-time-spent-with-drug-dealer-sufficient-to-support-drug-convictions/) - Use of code words, and time spent with drug dealer, sufficient to support drug convictions
- [NMCA: Instructing jury on offense for which the defendant was never charged is fundamental error](https://nmappellatelaw.com/nmca-instructing-jury-on-offense-for-which-the-defendant-was-never-charged-is-fundamental-error/) - It was fundamental error to instruct the jury on the crime of release from an inmate-release program, where the defendant was only charged with escape from jail.
- [10th Circuit proposes changes to its local rules for 2020](https://nmappellatelaw.com/10th-circuit-proposes-changes-to-its-local-rules-for-2020/) - 10th Circuit proposes changes to its local rules for 2020
- [NMCA: Judgments Are Forever](https://nmappellatelaw.com/nmca-judgments-are-forever/) - The New Mexico Court of Appeals has held that an action on a judgment may, in effect, allow a judgment to be perpetual.
- [NMCA: Employer's mistaken belief that worker was disabled supported discrimination claim](https://nmappellatelaw.com/nmca-employers-mistaken-belief-that-worker-was-disabled-supported-discrimination-claim/) - The evidence supported the jury's verdict that an employer discriminated and retaliated against a worker under the Human Rights Act because it mistakenly believed him to be disabled.
- [10th Circuit denies habeas relief in high-profile 1984 Utah murder case](https://nmappellatelaw.com/10th-circuit-denies-habeas-relief-to-ron-lafferty-in-high-profile-1984-utah-murder-case/) - The Tenth Circuit rejected notorious Utah killer Ron Lafferty's claims for habeas corpus relief.
- [10th Circuit: Sentence of imprisonment is final judgment although restitution issues remain open](https://nmappellatelaw.com/10th-circuit-sentence-of-imprisonment-is-final-judgment-although-restitution-issues-remain-open/) - The Tenth Circuit joins several other circuits in holding that a sentence of imprisonment is final and appealable, even though restitution issues remain unresolved.
- [NMSC: Public Regulation Commission's approval of PNM's 2018 renewable energy procurement plan affirmed](https://nmappellatelaw.com/nmsc-public-regulation-commissions-approval-of-pnms-2018-renewable-energy-plan-affirmed/) - NMSC: Public Regulation Commission's approval of PNM's 2018 renewable energy plan affirmed
- [Arguments in Florida v. Georgia to be heard in Albuquerque in December](https://nmappellatelaw.com/arguments-in-florida-v-georgia-to-be-heard-in-albuquerque-in-december/) - Arguments in Florida v. Georgia to be heard in Albuquerque in December
- [NM Court of Appeals to consider whether the state constitution bars police from opening a locked gun safe during a vehicle inventory search](https://nmappellatelaw.com/nm-court-of-appeals-to-consider-whether-police-may-open-a-locked-gun-safe-during-a-vehicle-inventory-search-under-the-state-constitution/) - On September 11, 2019, the New Mexico Court of Appeals will hear oral argument in Albuquerque in State v. Leo Jim. UPDATE: On August 6, 2019, the Court vacated the oral argument, and will reset the date. At issue in this case is whether police may open a locked gun safe during a vehicle inventory
- [10th Circuit upholds $60M breach of contract verdict in natural gas pricing dispute](https://nmappellatelaw.com/10th-circuit-upholds-60m-breach-of-contract-verdict-in-natural-gas-pricing-dispute/) - 10th Circuit upholds $60M breach of contract verdict in natural gas pricing dispute
- [10th Circuit: Prisoner who was victim of unprovoked assault by Denver sheriff's deputy failed to allege Section 1983 municipal liability claim](https://nmappellatelaw.com/10th-circuit-prisoner-who-was-victim-of-unprovoked-assault-by-sheriffs-deputy-failed-to-allege-section-1983-municipal-liability-claim/) - Prisoner who was victim of unprovoked assault by Denver sheriff's deputy failed to allege Section 1983 municipal liability claim
- [10th Circuit has posted recordings of oral arguments from July 19, 2019](https://nmappellatelaw.com/10th-circuit-has-posted-recordings-of-oral-arguments-from-july-19-2019/) - The Tenth Circuit has posted recordings of oral arguments heard on July 19, 2019 in Santa Fe, New Mexico.
- [10th Circuit revives lawsuit challenging Colorado's Taxpayer Bill of Rights](https://nmappellatelaw.com/10th-circuit-revives-lawsuit-challenging-colorados-taxpayer-bill-of-rights/) - Yesterday the Tenth Circuit added another chapter to the long-running saga of Kerr v. Hickenlooper, a lawsuit challenging Colorado's Taxpayer Bill of Rights (TABOR). Colorado voters adopted TABOR via an initiative process in the early 1990s. TABOR requires voter approval of new taxes or increases in tax rates. So as you might expect, it's not
- [NMSC upholds commitment of Socorro man who killed his father with a pick axe](https://nmappellatelaw.com/nmsc/) - NMSC upholds commitment of Socorro man who killed his father with a pick axe
- [10th Circuit adopts "tender rule" to determine when prisoner claims are subject to the PLRA's exhaustion requirement](https://nmappellatelaw.com/10th-circuit-adopts-tender-rule-to-determine-when-prisoner-claims-are-subject-to-the-plras-exhaustion-requirement/) - 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 unit and treated him with permethrin cream until he could be medically cleared. While still
- [10th Circuit: Detention and search of car passenger was proper](https://nmappellatelaw.com/10th-circuit-detention-and-search-of-car-passenger-was-proper/) - In United States v. Gurule, the Tenth Circuit reversed a district court's order suppressing a gun found in the defendant's pocket, and statements from the defendant admitting that he was a felon who knowingly possessed the gun. The court rejected the defendant's argument that he could not be detained after officers determined he had no
- [Tenth Circuit to hear oral arguments in Santa Fe next week](https://nmappellatelaw.com/tenth-circuit-to-hear-oral-arguments-in-santa-fe-next-week/) - The United States Court of Appeals for the Tenth Circuit will hear oral arguments in Santa Fe, New Mexico on July 19, 2019
- [The Federalist Society chapter at UNM Law School will host a talk on "Overcriminalization and the First Step Act" on April 18](https://nmappellatelaw.com/the-federalist-society-chapter-at-unm-law-school-will-host-a-talk-on-overcriminalization-and-the-first-step-act-on-april-18/) - The UNM Law School Chapter of the Federalist Society will host a talk on "Overcriminalization and the First Step Act" on Thursday, April 18, at 12 noon, in Room 2401 at the law school. The speakers will be Vikrant Reddy, a senior research fellow at the Charles Koch Institute, and UNM Law School Professor Maryam
- [Governor appoints Zachary Ives to the NM Court of Appeals](https://nmappellatelaw.com/governor-appoints-zachary-ives-to-the-nm-court-of-appeals/) - According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the late Justice Pamela Minzner on the New Mexico Supreme Court. He has extensive appellate experience
- [Governor appoints Judges Shannon Bacon and David Thomson to the NM Supreme Court](https://nmappellatelaw.com/governor-appoints-judges-shannon-bacon-and-david-thomson-to-the-nm-supreme-court/) - Governor Lujan Grisham appoints Judges Shannon Bacon and David Thomson to the NM Supreme Court
- [Congratulations to the new chief judge of the New Mexico Court of Appeals, M. Monica Zamora](https://nmappellatelaw.com/congratulations-to-the-new-chief-judge-of-the-new-mexico-court-of-appeals-m-monica-zamora/) - Congratulations to the new chief judge of the New Mexico Court of Appeals, M. Monica Zamora
- [10th Circuit: Securities laws apply to fraud defendant's sales to foreign customers](https://nmappellatelaw.com/10th-circuit-securities-laws-apply-to-fraud-defendants-sales-to-foreign-customers/) - Under the Dodd-Frank Act, an alleged Ponzi scheme's overseas sales were subject to federal securities laws.
- ["Foreclosure case could change NM homeowner protections"](https://nmappellatelaw.com/foreclosure-case-could-change-nm-homeowner-protections/) - This story by Ryan Laughlin of KOB News describes Nava v. Wells Fargo Bank, a case now before the New Mexico Supreme Court. Apparently, the story was prompted by the filing of petitioner's brief earlier this week. The Court of Appeals' opinion that the Supreme Court will be reviewing is here. Full disclosure: I was on the panel that
- [Ken Starr to speak in Albuquerque on January 23 (tomorrow)](https://nmappellatelaw.com/ken-starr-to-speak-in-albuquerque-on-january-23-tomorrow/) - Former federal circuit judge and solicitor general Ken Starr will speak at two events in Albuquerque on Wednesday, January 23.
- [10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions](https://nmappellatelaw.com/10th-circuit-real-id-act-deprives-courts-of-jurisdiction-to-consider-untimely-habeas-petitions/) - 10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions
- [10th Circuit: BLM not entitled to key to inspect well sites on private land](https://nmappellatelaw.com/10th-circuit-blm-not-entitled-to-key-to-inspect-well-sites-on-private-land/) - 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 located on private land, the wells produced oil and gas that originated, in part, from
- [Chief Justice Nakamura delivers "state of the judiciary" address to the Legislature](https://nmappellatelaw.com/chief-justice-nakamura-delivers-state-of-the-judiciary-address-to-the-legislature/) - Yesterday, Chief Justice Judith Nakamura addressed a joint session of the Legislature to address the state of the New Mexico judiciary. You can read about it here and here.
- [Court of Appeals confirms that deemed denied provision in statute is no longer valid.](https://nmappellatelaw.com/court-of-appeals-confirms-that-deemed-denied-provision-in-statute-is-no-longer-valid/) - In the past, New Mexico’s rules governing post-judgment motions contained many “deemed denied” provisions. For example, if a post-judgment motion were timely filed, and the district court did not act on the motion within 30 days, the motion was deemed denied, and the losing party would then have 30 days in which to file a
- [Deadline set to apply for open seat on New Mexico Supreme Court](https://nmappellatelaw.com/deadline-set-to-apply-for-open-seat-on-new-mexico-supreme-court/) - The New Mexico Judicial Nominating Commission has announced that July 23 is the deadline to apply for the seat on the New Mexico Supreme Court that will be open as of August 31 upon the retirement of Justice Patricio M. Serna. Click here for more information or to obtain an application. The Commission will meet
- [Profile of candidate for the New Mexico Supreme Court -- Michelle Hernandez](https://nmappellatelaw.com/profiles-of-candidates-for-the-new-mexico-supreme-court-michelle-hernandez/) - The progressive website, Democracy for New Mexico, has this profile on my law partner, Michelle Hernandez, who is one of the four candidates seeking the Democratic Party's nomination to replace Justice Patricio Serna after he retires in August. The other three Democratic candidates of whom I am aware are Judicial District Chief Judge Barbara Vigil, Workers'
- [Profile of candidate for the New Mexico Supreme Court -- Judge Barbara Vigil](https://nmappellatelaw.com/profile-of-candidate-for-the-new-mexico-supreme-court-judge-barbara-vigil/) - It has come to my attention that in late June, Democracy for New Mexico posted this profile of Democratic candidate Barbara Vigil, who is the Chief Judge of New Mexico's First Judicial District Court. Well worth reading. I don't know whether the website plans to have profiles of the other two announced candidates.
- ["Appeals court sides with Doña Ana County clerk in barring judge candidate"](https://nmappellatelaw.com/appeals-court-sides-with-dona-ana-county-clerk-in-barring-judge-candidate/) - Appeals court upholds Dona Ana County Clerk's decision to bar judge candidate
- ["Five Things to Know About Tenth Circuit Judge Stephanie Seymour"](https://nmappellatelaw.com/five-things-to-know-about-tenth-circuit-judge-stephanie-seymour/) - The FindLaw 10th Circuit News and Information Blog has this interesting post about Judge Stephanie Seymour, which begins "Back in the 80s and 90s, the name Stephanie Seymour was most commonly associated with Guns’N’Roses videos and Vogue editorials. But as Axl Rose’s former girlfriend left modeling behind for domestic er, tranquility, it made room for
- [Tenth Circuit reverses $13 million jury verdict against BP America](https://nmappellatelaw.com/tenth-circuit-reverses-13-million-jury-verdict-against-bp-america/) - Tenth Circuit reverses $13 million verdict against BP America because of improper, prejudicial evidence
- [Two lawyers apply for seat on New Mexico Supreme Court](https://nmappellatelaw.com/two-lawyers-apply-for-seat-on-new-mexico-supreme-court/) - Yesterday the New Mexico Judicial Nominating Commission announced that two attorneys, Paul D. Mannick of Santa Fe and Steven S. Suttle of Albuquerque, have applied for the seat on the New Mexico Supreme Court that Justice Patricio Serna will retire from on August 31. Mr. Mannick's website notes that he has been a lawyer for over
- ["Former justice Paul Kennedy applies for Supreme Court position"](https://nmappellatelaw.com/former-justice-paul-kennedy-applies-for-supreme-court-position/) - Former justice Paul Kennedy applies for a seat on the New Mexico Supreme Court
- [Thanks for the kind words](https://nmappellatelaw.com/thanks-for-the-kind-words/) - Although my blog has been going for less than two weeks, it has already garnered some kind words from Clovis attorney Kirk Chavez, who has been running his own eponymous blog for about a year. His posts focus on criminal cases in New Mexico and elsewhere, and a variety of other interesting topics. You should check it out.
- ["Santa Fe lawyer drops bid for Supreme Court appointment"](https://nmappellatelaw.com/santa-fe-lawyer-drops-bid-for-supreme-court-appointment/) - Santa Fe lawyer Paul Mannick withdrew his application for the open seat on the New Mexico Supreme Court
- [Nursing home arbitration agreement was unconscionably unbalanced, says Court of Appeals](https://nmappellatelaw.com/nursing-home-arbitration-agreement-was-unconscionably-unbalanced-says-court-of-appeals/) - The New Mexico Court of Appeals held that a nursing home arbitraiton agreement was unconscionable because it contained unfairly unbalanced terms.
- [Court of Appeals largely invalidates arbitration agreement in dispute arising from repo man shooting](https://nmappellatelaw.com/court-of-appeals-largely-invalidates-arbitration-agreement-in-dispute-arising-from-repo-man-shooting/) - The New Mexico Court of Appeals held that an appeals clause in an arbitration agreement was rendered it unfairly unbalanced.
- ["Senate Blocks Tenth Circuit Nominee; Could Be Last Such Vote Until After Election"](https://nmappellatelaw.com/senate-blocks-tenth-circuit-nominee-could-be-last-such-vote-until-after-election/) - The United States Senate blocked the nomination of U.S. Magistrate Judge Robert Bacharach of Oklahoma to the Tenth Circuit
- [Court of Appeals issues reminder that separate arbitrations can be consolidated.](https://nmappellatelaw.com/court-of-appeals-issues-reminder-that-separate-arbitrations-can-be-consolidated/) - Separate arbitration cases can be consolidated, unless the arbitration agreement prohibits consolidation.
- ["Two tapped for Supreme Court vacancy"](https://nmappellatelaw.com/two-tapped-for-supreme-court-vacancy/) - The New Mexico Judicial Nominating Commission approved Paul J. Kennedy and Steven Suttle as candidates for the vacant seat on the New Mexico Supreme Court
- [Supreme Court candidate meet and greet in Española](https://nmappellatelaw.com/supreme-court-candidate-meet-and-greet-in-espanola/) - The Democratic Party of Rio Arriba County is holding a meet and greet for the five New Mexico Supreme Court candidates tonight from 6:00 p.m. to 9:00 p.m. at the Española Mision Convento (on the Española Plaza), according to this announcement, which also contains some helpful information about each of the candidates. Two of the
- [A Trap for the Unwary on Appeal : N.M. Rule 1-054(B) Claims Another Victim](https://nmappellatelaw.com/a-trap-for-the-unwary-on-appeal-n-m-rule-1-054b-claims-another-victim/) - New Mexico Rule of Civil Procedure 1-054(B)(2) states that when one party is dismissed from a case, that party must appeal immediately. It cannot wait.
- ["State Supreme Court hears arguments in widow's compensation case."](https://nmappellatelaw.com/state-supreme-court-hears-arguments-in-widows-compensation-case/) - Nico Roesler has this report in the Santa Fe New Mexican about yesterday's oral argument before the Supreme Court in the case of a Pojoaque tribal police officer, Kevin Schultz, who lost his life while heroically saving a boy from drowning in the Rio Grande. The officer's widow is arguing that she and her son are entitled to workers'
- ["New Mexico, 13 other states back affirmative action policy."](https://nmappellatelaw.com/new-mexico-13-other-states-back-affirmative-action-policy/) - Attorney General Gary King joined in an amicus curaie brief filed in the United States Supreme Court, supporting race-based admissions
- ["So you want to be a justice?"](https://nmappellatelaw.com/so-you-want-to-be-a-justice/) - The website ProgressNow New Mexico has interviews with each of the five Democratic candidates for the New Mexico Supreme Court
- [NM Supreme Court candidates' forum, with videos](https://nmappellatelaw.com/nm-supreme-court-candidates-forum-with-videos/) - This is a forum held by the Democratic Party for its New Mexico Supreme Court candidates, with interesting videos
- [Coming Soon: the 23rd annual New Mexico Appellate Practice Institute](https://nmappellatelaw.com/coming-soon-the-23rd-annual-new-mexico-appellate-practice-institute/) - The 23rd annual New Mexico Appellate Practice Institute will be held on September 14, 2012
- [NM Court of Appeals strikes down another nursing home arbitration agreement](https://nmappellatelaw.com/nm-court-of-appeals-strikes-down-another-nursing-home-arbitration-agreement/) - The New Mexico Court of Appeals has held that a nursing home arbitration contract was unconscionable because it was unfairly unbalanced
- [Interviews with NM Supreme Court candidates](https://nmappellatelaw.com/interviews-with-nm-supreme-court-candidates/) - Interviews with Democratic Party candidates for the New Mexico Supreme Court
- [More interviews with NM Supreme Court candidates](https://nmappellatelaw.com/more-interviews-with-nm-supreme-court-candidates/) - The blog A Female New Mexican's Political Point of View has posted two video interviews of Catherine Baker Stetson (whom I've usually seen referred to as "Cate" Stetson) and my law partner, Michelle Hernandez, candidates for the New Mexico Supreme Court. Be sure to take a look!
- [Justice Serna's retirement](https://nmappellatelaw.com/justice-sernas-retirement/) - Justice Patricio Serna will retire from the New Mexico Supreme Court. A great man.
- [Democrats nominate Judge Barbara Vigil for the NM Supreme Court](https://nmappellatelaw.com/democrats-nominate-judge-barbara-vigil-for-the-nm-supreme-court/) - Judge Barbara Vigil has won the Democratic Party's nomination for the New Mexico Supreme Court
- ["You Forgot to Swear In the Jury? No Prob"](https://nmappellatelaw.com/you-forgot-to-swear-in-the-jury-no-prob/) - The Tenth Circuit affirmed a criminal conviction entered despite the fact that the jury was unsworn, holding that the defendant failed to preserve the error.
- [Governor Martinez appoints Paul Kennedy to New Mexico Supreme Court](https://nmappellatelaw.com/governor-martinez-appoints-paul-kennedy-to-new-mexico-supreme-court/) - Governor Susana Martinez has nominated Paul Kennedy to the New Mexico Supreme Court
- ["Candidate picked for Supreme Court seat"](https://nmappellatelaw.com/candidate-picked-for-supreme-court-seat/) - The Republican Party has nominated Paul J. Kennedy for the New Mexico Supreme Court
- ["The tangled web of conflicting rights"](https://nmappellatelaw.com/the-tangled-web-of-conflicting-rights/) - George Will's op-ed column is about the Elane Photography case, presently pending in the New Mexico Supreme Court
- [You've got to know when to fold 'em: Tenth Circuit slaps down EEOC for frivolous lawsuit](https://nmappellatelaw.com/youve-got-to-know-when-to-fold-em-tenth-circuit-slaps-down-eeoc-for-frivolous-lawsuit/) - Tenth Circuit slaps down frivolous lawsuit by EEOC
- ["Supreme Court Mulls Affirmative Action, Class Actions In Fall Docket"](https://nmappellatelaw.com/supreme-court-mulls-affirmative-action-class-actions-in-fall-docket/) - Daniel Fisher of Forbes Magazine has a report on upcoming cases in the U.S. Supreme Court that will be of interest to businesses
- [Court of Appeals holds interlock devices are required for drug-impaired drivers](https://nmappellatelaw.com/court-of-appeals-holds-interlock-devices-are-required-for-drug-impaired-drivers/) - The NM Court of Appeals has upheld the constitutionality of a statute requiring interlock devices for those convicted of driving on drugs other than alcohol
- [Programming Note](https://nmappellatelaw.com/programming-note/) - As you may have noticed, I haven't posted in a while. I went on a family vacation for over two weeks, and arranged for a guest blogger to take over, but he ended up not being able to do so. In any event, I'm back now and plan to post new content very soon!
- ["Editorial: Selections for Supreme And Appeals Courts"](https://nmappellatelaw.com/editorial-selections-for-supreme-and-appeals-courts/) - Earlier this week, the editors at the Albuquerque Journal issued their endorsements for the contested races in the New Mexico Supreme Court and New Mexico Court of Appeals, endorsing present Justice Paul Kennedy and present Judge J. Miles Hanisee, both of whom were appointed by Governor Martinez. The paper also recommends that Justice Richard Bosson,
- ["Voting matters up and down the ballot"](https://nmappellatelaw.com/voting-matters-up-and-down-the-ballot/) - Attorney Denise Torres, and former District Judge James Hall, have this interesting article in the Santa Fe New Mexican, summarizing the Judicial Performance Evaluating Commission's recommendations to retain Supreme Court Justice Richard Bosson, and Court of Appeals Judges Michael Vigil and Roderick Kennedy.
- ["Constitutional amendments focus on PRC, courts"](https://nmappellatelaw.com/constitutional-amendments-focus-on-prc-courts/) - As election day approaches, it's good to remember that in addition to candidates for various offices, several amendments to the New Mexico Constitution will be on the ballot. The editors of the Santa Fe New Mexican have issued these helpful recommendations on these amendments.
- ["Monica Zamora faces Miles Hanisee in NM Court of Appeals race"](https://nmappellatelaw.com/monica-zamora-faces-miles-hanisee-in-nm-court-of-appeals-race/) - Judge Monica Zamora and Judge Miles Hanisee are competing for a seat on the New Mexico Court of Appeals
- ["Appeals Court Our choice: Monica Zamora"](https://nmappellatelaw.com/appeals-court-our-choice-monica-zamora/) - In this editorial, the Las Cruces Sun-News recommends that voters choose District Judge Monica Zamora for the seat on the Court of Appeals presently held by Judge Miles Hanisee. The editorial favorably cites her administrative experience and her service in the Children's Court Division. The editors also note, with regret, that Las Cruces presently has no representative
- ["NM Supreme Court Our choice: Barbara Vigil"](https://nmappellatelaw.com/nm-supreme-court-our-choice-barbara-vigil/) - The Las Cruces Sun-News has also endorsed District Judge Barbara Vigil, the Democratic nominee for the contested seat on the New Mexico Supreme Court, while stating that both Judge Vigil and the Republican nominee, present Justice Paul Kennedy, "bring outstanding qualifications into the election."
- ["Kennedy Faces Vigil in Supreme Court Election"](https://nmappellatelaw.com/kennedy-faces-vigil-in-supreme-court-election/) - Scott Sandlin of the Albuquerque Journal has this interesting profile of the two candidates -- Republican nominee, Justice Paul Kennedy, and Democratic nominee, District Judge Barbara Vigil -- for the New Mexico Supreme Court seat that was formerly filled by Justice Patricio Serna.
- [Voters' guide to the New Mexico appellate court races](https://nmappellatelaw.com/voters-guide-to-the-new-mexico-appellate-court-races/) - The League of Women Voters of Central New Mexico has this voters' guide to the upcoming New Mexico Supreme Court and Court of Appeals elections.
- ["Historical Perspectives on New Mexico's Judicial System"](https://nmappellatelaw.com/historical-perspectives-on-new-mexicos-judicial-system/) - I have been reading some books about New Mexico's fascinating history in honor of New Mexico's statehood centennial. For those of you who are interested in New Mexico's legal history, I recommend reading Judge Bruce Black's article "Historial Perspectives on New Mexico's Judicial System," which is at the website of the Tenth Judicial Circuit Historical
- [Santa Fe New Mexican endorses appellate judge candidates](https://nmappellatelaw.com/santa-fe-new-mexican-endorses-appellate-judge-candidates/) - The Santa Fe New Mexican has endorsed Judge Barbara Vigil for the Supreme Court and J. Miles Hanisee for the Court of Appeals
- ["Rule 401 gags judges when it comes to judicial candidates"](https://nmappellatelaw.com/rule-401-gags-judges-when-it-comes-to-judicial-candidates/) - District Judge Alan Malott of the Second Judicial District Court has this op-ed piece in today's Albuquerque Journal. Although New Mexico voters have the opportunity to elect state court judges in this year's election, it's fair to say that most of them have little familiarity with the candidates for these important offices. One possible source
- [Interview with Judge J. Miles Hanisee of the NM Court of Appeals](https://nmappellatelaw.com/interview-with-judge-j-miles-hanisee-of-the-nm-court-of-appeals/) - The New Mexico Appellate Law Blog interviewed Judge J. Miles Hanisee of the New Mexico Court of Appeals
- [Interview with Judge Monica Zamora, candidate for the NM Court of Appeals](https://nmappellatelaw.com/interview-with-judge-monica-zamora-candidate-for-the-nm-court-of-appeals/) - Interview with Judge Monica Zamora, the Democratic candidate for the New Mexico Court of Appeals
- [This week's NM Court of Appeals Opinions](https://nmappellatelaw.com/this-weeks-nm-court-of-appeals-opinions/) - A list of this week's opinions from the New Mexico Court of Appeals
- ["Voters to decide top N.M. appellate court races"; plus Justice Kennedy's campaign website](https://nmappellatelaw.com/voters-to-decide-top-n-m-appellate-court-races-plus-justice-kennedys-campaign-website/) - Barry Massey of the Associated Press had this story in the Santa Fe New Mexican about all four candidates for the New Mexico appellate court seats that are up for election. I have previously linked to the campaign websites for Judges Vigil, Hanisee, and Zamora, but despite some diligent Google searches, I had not found
- [Taos News endorses Judge Hanisee for NM Court of Appeals; recommends retention of other appellate judges](https://nmappellatelaw.com/taos-news-endorses-judge-hanisee-for-nm-court-of-appeals-recommends-retention-of-other-appellate-judges/) - The Taos News has endorsed Judge J. Miles Hanisee for the New Mexico Court of Appeals.
- [Tenth Circuit announces 2013 Judicial Conference](https://nmappellatelaw.com/tenth-circuit-announces-2013-judicial-conference/) - The Tenth Circuit has announced that it will hold a Judicial Conference in 2013 at the Broadmoor Resort in Colorado Springs.
- [Santa Fe Reporter endorses Justice Kennedy and Judge Hanisee](https://nmappellatelaw.com/santa-fe-reporter-endorses-justice-kennedy-and-judge-hanisee/) - The Santa Fe Reporter, an alternative newspaper, has endorsed Justice Paul Kennedy for the NM Supreme Court, and Judge Miles Hanisee for the NM Court of Appeals
- [Interview with Chief Judge Barbara Vigil, candidate for the NM Supreme Court](https://nmappellatelaw.com/interview-with-chief-judge-barbara-vigil-candidate-for-the-nm-supreme-court/) - Interview with Chief Judge Barbara Vigil, Democratic candidate for the New Mexico Supreme Court
- [Interview with Justice Paul Kennedy, Republican nominee for the NM Supreme Court](https://nmappellatelaw.com/interview-with-justice-paul-kennedy-republican-nominee-for-the-nm-supreme-court/) - Interview with Justice Paul Kennedy, Republican nominee for the New Mexico Supreme Court
- [Democratic candidates win seats on New Mexico's appellate courts](https://nmappellatelaw.com/democratic-candidates-win-seats-on-new-mexicos-appellate-courts/) - Judge Barbara Vigil was elected to the New Mexico Supreme Court, and Judge Monica Zamora was elected to the New Mexico Court of Appeals
- [Chief Judge Castillo to retire from NM Court of Appeals](https://nmappellatelaw.com/chief-judge-castillo-to-retire-from-nm-court-of-appeals/) - Chief Judge Celia Foy Castillo has announced her retirement from the New Mexico Court of Appeals
- [Profile of Justice Serna: "Longtime Jurist Is A Role Model for Us All"](https://nmappellatelaw.com/profile-of-justice-serna-longtime-jurist-is-a-role-model-for-us-all/) - District Judge Ross Sanchez has written an interesting profile of retired Justice Patricio Serna
- [NM Court of Appeals explains how to calculate the average weekly wage when a worker has more than one job, and affirms attorney fee award](https://nmappellatelaw.com/nm-court-of-appeals-explains-how-to-calculate-the-average-weekly-wage-when-a-worker-has-more-than-one-job-and-affirms-attorney-fee-award/) - The New Mexico Court of Appeals decided the proper method for calculating a worker's average weekly wage when the worker has more than one job
- ["Katie's Law: NM Governor Susana Martinez to file arguments in Maryland court test"](https://nmappellatelaw.com/katies-law-nm-governor-susana-martinez-to-file-arguments-in-maryland-court-test/) - NM Governor Susana Martinez plans to file an amicus curiae brief in the Supreme Court of the United States to support the constitutionality of DNA collection
- [Meet the applicants for the open seat on the NM Court of Appeals.](https://nmappellatelaw.com/meet-the-applicants-for-the-open-seat-on-the-nm-court-of-appeals/) - Profiles of the seven applicants for the New Mexico Court of Appeals seat being vacated by Chief Judge Celia Foy Castillo
- [Judicial Nominating Commission sends three candidates for NM Court of Appeals to Governor Martinez](https://nmappellatelaw.com/judicial-nominating-commission-sends-three-candidates-for-nm-court-of-appeals-to-governor-martinez/) - The New Mexico Judicial Nominating Commission voted to send three applicants' names to Governor Martinez for the open NM Court of Appeals seat
- [Investiture of Judge Barbara Vigil on the NM Supreme Court](https://nmappellatelaw.com/investiture-of-judge-barbara-vigil-on-the-nm-supreme-court/) - Judge Barbara Vigil's investiture ceremony at the New Mexico Supreme Court
- ["Martinez appoints Hanisee to Court of Appeals"](https://nmappellatelaw.com/martinez-appoints-hanisee-to-court-of-appeals/) - Governor Susana Martinez has re-appointed Judge Miles Hanisee to the New Mexico Court of Appeals
- [If the other side argues that your appeal should be dismissed, don’t ignore it, says NM Court of Appeals.](https://nmappellatelaw.com/if-the-other-side-argues-that-your-appeal-should-be-dismissed-dont-ignore-it-says-nm-court-of-appeals/) - The New Mexico Cattle Growers' Association ignored an argument that its appeal should be dismissed. The New Mexico Court of Appeals then dismissed the appeal.
- ["Kennedy to be Sworn in as New Chief Appeals Court Judge"](https://nmappellatelaw.com/kennedy-to-be-sworn-in-as-new-chief-appeals-court-judge/) - Judge Roderick Kennedy will be sworn in as the new Chief Judge of the New Mexico Court of Appeals tomorrow.
- [Investiture of Judge Monica Zamora on the NM Court of Appeals](https://nmappellatelaw.com/investiture-of-judge-monica-zamora-on-the-nm-court-of-appeals/) - Judge Monica Zamora will be sworn in as a judge of the New Mexico Court of Appeals on January 10, at 5:00 p.m., at the National Hispanic Cultural Center
- ["Governor taps Santa Fe attorney for vacant First District judge seat"](https://nmappellatelaw.com/governor-taps-santa-fe-attorney-for-vacant-first-district-judge-seat/) - According to this report by Nico Roesler in the Santa Fe New Mexican, Governor Susana Martinez has appointed Santa Fe attorney Francis Mathew as a judge on the First Judicial District Court, which covers Santa Fe, Los Alamos, and Rio Arriba counties. While in law school in the late 1990s, I had the opportunity to clerk
- [Jemez Pueblo sues to recover ownership of Valles Caldera](https://nmappellatelaw.com/jemez-pueblo-sues-to-recover-ownership-of-valles-caldera/) - Jemez Pueblo has sued the federal government to recover ownership of Valles Caldera National Preserve, which the Tribe regards as its sacred land
- ["The clear choice for verbose people is Microsoft Word"](https://nmappellatelaw.com/the-clear-choice-for-verbose-people-is-microsoft-word/) - Don Cruse of the Supreme Court of Texas blog has an interesting post demonstrating that word-processing programs use different word count methods
- ["N.M. courts ask lawmakers to approve 9 new judges"](https://nmappellatelaw.com/n-m-courts-ask-lawmakers-to-approve-9-new-judges/) - Chief Justice Petra Jimenez Maes asked the New Mexico Legislature to create nine new district court judgeships and give pay raises to court employees
- [Opponents of subdivision may appeal from either preliminary or final approval of plat, says NM Court of Appeals](https://nmappellatelaw.com/opponents-of-subdivision-may-appeal-from-either-preliminary-or-final-approval-of-plat-says-nm-court-of-appeals/) - Opponents of subdivision may appeal from either the preliminary approval of a subdivision plat, or from its final approval.
- [President Obama nominates Wyoming AG to Tenth Circuit](https://nmappellatelaw.com/president-obama-nominates-wyoming-ag-to-tenth-circuit/) - President Obama has nominated Wyoming Attorney General Gregory Alan Phillips to the Tenth Circuit
- [NM Supreme Court holds Department of Transportation may be sued for not installing cross-over barriers on highway](https://nmappellatelaw.com/nm-supreme-court-holds-department-of-transportation-may-be-sued-for-not-installing-cross-over-barriers-on-highway/) - The New Mexico Supreme Court has held that the Tort Claims Act does not provide NMDOT with immunity for not installing a barrier to prevent head-on crashes on a stretch of highway that had several similar accidents
- [Governor Martinez files amicus brief supporting collection of DNA from people arrested for serious crimes](https://nmappellatelaw.com/governor-martinez-files-amicus-brief-supporting-collection-of-dna-from-people-arrested-for-serious-crimes/) - Governor Susana Martinez files amicus brief in U.S. Supreme Court supporting ability of state governments to take DNA samples from those arrested of serious crimes
- [10th Circuit holds that corporate entities likely can't bring hostile work environment claims](https://nmappellatelaw.com/10th-circuit-holds-that-corporate-entities-likely-cant-bring-hostile-work-environment-claims/) - The Tenth Circuit has held that corporate entities likely cannot bring hostile-work-environment claims
- [Tenth Circuit holds that 2nd Amendment does not protect right to concealed carry](https://nmappellatelaw.com/tenth-circuit-holds-that-2nd-amendment-does-not-protect-right-to-concealed-carry/) - The Tenth Circuit held that the Second Amendment does not protect a right to carry concealed firearms
- [Senate confirms Judge Robert Bacharach to the Tenth Circuit](https://nmappellatelaw.com/senate-confirms-judge-robert-bacharach-to-the-tenth-circuit/) - The Senate confirmed Judge Robert Bacharach to the Tenth Circuit by a 93-0 vote.
- [NM Attorney General Gary King signs amicus brief supporting same-sex marriage](https://nmappellatelaw.com/nm-attorney-general-gary-king-signs-amicus-brief-supporting-same-sex-marriage/) - New Mexico Attorney General Gary King signed an amicus brief supporting same-sex marriage, which was filed today in the United States Supreme Court
- [Tenth Circuit Grants Hobby Lobby En Banc Hearing](https://nmappellatelaw.com/tenth-circuit-grants-hobby-lobby-en-banc-hearing/) - The Tenth Circuit has granted Hobby Lobby's petition for an initial en banc hearing of its challenge to the HHS contraceptive mandate
- [NM Court of Appeals holds oral argument at Grants High School](https://nmappellatelaw.com/nm-court-of-appeals-holds-oral-argument-at-grants-high-school/) - The New Mexico Court of Appeals held an oral argument at Grants High School last week.
- [NM Court of Appeals reinstates "green" building codes](https://nmappellatelaw.com/nm-court-of-appeals-reinstates-green-building-codes/) - The NM Court of Appeals has reversed the Construction Industries Commission's decision to repeal the "green" building regulations enacted in 2010.
- [NM Supreme Court adopts rule from Hadley v. Baxendale in a case that proves Murphy's Law is alive and well](https://nmappellatelaw.com/nm-supreme-court-adopts-rule-from-hadley-v-baxendale-in-a-case-that-proves-murphys-law-is-alive-and-well/) - The New Mexico Supreme Court held that consequential damages are governed by the classic test set forth in the English case of Hadley v. Baxendale
- [Abuse of licensing statute to stifle unwanted criticism violates 1st Amendment, says NM Court of Appeals](https://nmappellatelaw.com/abuse-of-licensing-statute-to-stifle-unwanted-criticism-violates-1st-amendment-says-nm-court-of-appeals/) - Government bureaucrats cannot abuse professional licensing statutes to suppress unwanted opinions, says New Mexico Court of Appeals.
- [Proposed rule change would require disclosure for amicus briefs in New Mexico](https://nmappellatelaw.com/proposed-rule-change-would-require-disclosure-for-amicus-briefs-in-new-mexico/) - The New Mexico Supreme Court's Rules of Appellate Procedure Committee (of which I am a member) has proposed a change to Rule 12-215 that would require an amicus curiae to disclose when a party to the case, or the party's attorney, has written any part of the amicus brief, or made a monetary contribution intended
- [Obama appoints Judge Carolyn McHugh to the Tenth Circuit](https://nmappellatelaw.com/obama-appoints-judge-carolyn-mchugh-to-the-tenth-circuit/) - President Obama has named Judge Carolyn McHugh of the Utah Court of Appeals to the Tenth Circuit, according to this report in the Salt Lake Tribune. The White House's announcement is here. Judge McHugh's Wikipedia page, which seems more informative than her official biography, is here.
- [Two new workers' comp decisions from the New Mexico Court of Appeals](https://nmappellatelaw.com/two-new-workers-comp-decisions-from-the-new-mexico-court-of-appeals/) - The New Mexico Court of Appeals decided two new workers' compensation cases.
- [Registration now open for the 2013 10th Circuit Bench & Bar Conference](https://nmappellatelaw.com/registration-now-open-for-the-10th-circuit-bench-bar-conference/) - Registration is now open for the 2013 Tenth Circuit Bench & Bar Conference, which will be held August 29-31 at the Broadmoor in Colorado Springs.
- [Statute of limitations for age discrimination claim runs at firing, not when plaintiff discovers younger replacement has been hired](https://nmappellatelaw.com/statute-of-limitations-for-age-discrimination-claim-begins-to-run-at-firing-not-when-plaintiff-discovers-that-younger-replacement-has-been-hired/) - The NM Court of Appeals held that the statute of limitations runs when an adverse employment action occurs, not when plaintiff learns of discriminatory motive
- [Tenth Circuit to hear challenge to HHS contraceptive mandate in Hobby Lobby Stores, Inc. v. Sebelius](https://nmappellatelaw.com/tenth-circuit-to-hear-challenge-to-hhs-contraceptive-mandate-in-hobby-lobby-inc-v-sebelius/) - The Tenth Circuit will consider the HHS contraceptive mandate in Hobby Lobby v. Sebelius. The Tenth Circuit should hold that the mandate violates RFRA.
- ["Argument Audio: The Four Holdout Circuits"](https://nmappellatelaw.com/argument-audio-the-four-holdout-circuits/) - Michelle Olsen of Appellate Daily has a post about the four federal circuit court of appeals that do not yet make audio of oral argument available on their websites.
- [Rule 11 sanction upheld by NM Court of Appeals](https://nmappellatelaw.com/rule-11-sanction-upheld-by-nm-court-of-appeals/) - In an opinion by Judge Sutin, the New Mexico Court of Appeals has affirmed the imposition of Rule 1-011 sanctions
- [Watch Tom Goldstein's address at the UNM Law School Commencement](https://nmappellatelaw.com/watch-tom-goldsteins-address-at-the-unm-law-school-commencement/) - Tom Goldstein of SCOTUSblog delivered the Hooding Address at the 2013 commencement ceremony at UNM Law School
- [Former NM Supreme Court Justice Dan Sosa, Jr. to be honored on May 31](https://nmappellatelaw.com/former-nm-supreme-court-justice-dan-sosa-jr-to-be-honored-on-may-31/) - Former New Mexico Supreme Court Justice Dan Sosa, Jr. will be honored on May 31 at the National Hispanic Cultural Center
- [NM Supreme Court rules against Halliburton in dispute over employment arbitration agreement](https://nmappellatelaw.com/nm-supreme-court-rules-against-halliburton-in-dispute-over-employment-arbitration-agreement/) - NM Supreme Court held Halliburton's arbitration agreement with employee unconscionable because Halliburton could modify it after an employee's claim has accrued
- [NM Appellate Practice Section Newsletter for Spring 2013 now available](https://nmappellatelaw.com/nm-appellate-practice-section-newsletter-for-spring-2013-has-been-released/) - The Spring 2013 issue of the New Mexico Appellate Practice Section's newsletter is now available.
- [Good news for Governor Martinez, as SCOTUS upholds Katie's Law](https://nmappellatelaw.com/good-news-for-governor-martinez-as-scotus-upholds-katies-law/) - Supreme Court of the United States upholds taking DNA samples from arrestees
- [New Mexico gun dealers can be made to report multiple rifle sales to ATF](https://nmappellatelaw.com/new-mexico-gun-dealers-can-be-made-to-report-multiple-rifle-sales-to-atf/) - The D.C. Circuit has upheld the Bureau of Alcohol, Tobacco and Firearms' authority to require Southwestern gun dealers to report multiple rifle sales to ATF
- [New Mexico Supreme Court rules against Barnes & Noble in internet sales tax dispute](https://nmappellatelaw.com/new-mexico-supreme-court-rules-against-barnes-noble-in-internet-sales-tax-dispute/) - The New Mexico Supreme Court has held that New Mexico may impose gross receipts tax on Barnes & Noble's online sales
- [Two new NM Court of Appeals decisions -- paternity and insurance coverage edition](https://nmappellatelaw.com/two-new-nm-court-of-appeals-decisions-paternity-and-insurance-coverage-edition/) - The New Mexico Court of Appeals issued two new decisions, one dealing with paternity law, and the other with insurance coverage
- [In "perfect First Amendment storm," 10th Circuit rules against anti-Bush protesters](https://nmappellatelaw.com/in-perfect-first-amendment-storm-10th-circuit-rules-against-anti-bush-protestors/) - 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 required to remain over 150 yards away from the route traveled by the President's motorcade.
- ["Tenth Circuit Allows Foreclosure on Purchase-Money Resulting Trust"](https://nmappellatelaw.com/tenth-circuit-allows-foreclosure-on-purchase-money-resulting-trust/) - Prof. Gerry W. Beyer of Texas Tech Law School has this post at the Wills, Trusts & Estates Prof Blog on the Tenth Circuit's recent decision in United States v. Tingey (May 29, 2013). Judge Harris Hartz wrote the Court's opinion.
- [Dry ice bombs are not "explosives," NM Court of Appeals holds](https://nmappellatelaw.com/dry-ice-bombs-are-not-explosives-nm-court-of-appeals-holds/) - 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 bottles of dry ice and two gallon jugs of water. Combining the two in a
- [Police expert testimony on drug trafficking is not governed by Daubert/Alberico standard](https://nmappellatelaw.com/police-expert-testimony-on-drug-trafficking-is-not-governed-by-daubertalberico-standard/) - 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 of a police officer to show that the quantity of cocaine, and other evidence (e.g. $520
- [Child endangerment conviction affirmed: father smoked meth, kept unsecured firearms in home](https://nmappellatelaw.com/child-endangerment-conviction-affirmed-father-smoked-meth-kept-unsecured-firearms-in-home/) - 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 the parents kept several loaded and unsecured firearms in areas where the children were frequently
- [Three new NM Supreme Court decisions today](https://nmappellatelaw.com/three-new-nm-supreme-court-decisions-today/) - 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 the fact that six or seven heavily armed law enforcement officers carrying A-15 semi-automatic weapons
- [Visit the 10th Circuit for CLE credit with Justice Scalia](https://nmappellatelaw.com/visit-the-10th-circuit-for-cle-credit-with-justice-scalia/) - If you are in need of CLE credits, and would like to visit the lovely Tenth Circuit, Justice Antonin Scalia and Professor John S. Baker, Jr. will be teaching a CLE course on the Separation of Powers on August 22-23, 2013 at the St. Regis Deer Valley in Park City, Utah. This CLE seminar is being
- [Tenth Circuit gives broad interpretation to whistleblower protections of Sarbanes-Oxley Act](https://nmappellatelaw.com/tenth-circuit-gives-broad-interpretation-to-whistleblower-protections-of-sarbanes-oxley-act/) - 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 in the Sarbanes-Oxley Act. The case has garnered widespread attention, and here is round-up of
- ["Judicial conclave delves into implications of tech advances"](https://nmappellatelaw.com/judicial-conclave-delves-into-implications-of-tech-advances/) - District Judge Alan M. Malott has this interesting article in the Albuquerque Journal about last week's New Mexico Judicial Conclave. The state's judges heard from several experts on neuroscience and human behavior on how recent advances in scientific knowledge affect our understanding of culpable behavior, and the implications for human privacy. These are difficult issues
- ["New Mexico Supreme Court affirms conviction in Carlsbad killing"](https://nmappellatelaw.com/new-mexico-supreme-court-affirms-conviction-in-carlsbad-killing/) - The Carlsbad Current-Argus has this report about a non-precedential opinion (State v. Lopez) issued last week by the New Mexico Supreme Court, affirming the first-degree murder conviction of a former Mexican police officer who killed a man in Carlsbad in 2009.
- [Senate confirms Kenneth Gonzales as federal district judge for New Mexico](https://nmappellatelaw.com/senate-confirms-kenneth-gonzales-as-federal-district-judge-for-new-mexico/) - Yesterday the United States Senate confirmed U.S. Attorney Kenneth Gonzales as a federal district judge in New Mexico. Michael Coleman has this report in the Albuquerque Journal, and Main Justice, a news site that focuses on the inner workings of the Department of Justice, has this report. Congratulations to Judge Gonzales!
- ["DA seeks relief over polygraph decision"](https://nmappellatelaw.com/da-seeks-relief-over-polygraph-decision/) - The 2nd Judicial District Attorney's Office has asked the NM Supreme Court to overturn a decision allowing a witness to be cross-examined with a polygraph exam
- [Former Justice Patricio Serna to be honored at Living Treasures ceremony](https://nmappellatelaw.com/former-justice-patricio-serna-to-be-honored-at-living-treasures-ceremony/) - Former New Mexico Supreme Court Justice Patricio M. Serna will be among three persons honored this weekend at the Living Treasures ceremony.
- [Calling judge a "drunken idiot on the bench," among other things, earns attorney sanction from NM Supreme Court](https://nmappellatelaw.com/calling-judge-a-drunken-idiot-on-the-bench-among-other-things-earns-attorney-sanction-from-the-new-mexico-supreme-court/) - The New Mexico Supreme Court has sanctioned attorney Patricia Ortiz for repeated instances of uncivil behavior towards opponents
- [Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements](https://nmappellatelaw.com/tenth-circuit-rejects-first-amendment-challenge-to-fec-disclosure-requirements/) - The Tenth Circuit has rejected a First Amendment challenge to several disclosure requirements in Federal Election Commission regulations
- ["New Mexico Supreme Court to hear gambling case against Las Cruces Internet cafe owner"](https://nmappellatelaw.com/new-mexico-supreme-court-to-hear-gambling-case-against-las-cruces-internet-cafe-owner/) - The New Mexico Supreme Court will hear the case of an Internet café owner who was convicted of violating gambling laws by offering customers the chance to participate in a sweepstakes
- [Petition for mandamus asks NM Supreme Court to recognize same-sex marriage](https://nmappellatelaw.com/writ-of-mandamus-filed-in-nm-supreme-court-seeking-recognition-of-same-sex-marriage/) - A gay couple represented by Rep. Brian Egolf has filed a petition for writ of mandamus in the New Mexico Supreme Court, asking for recognition of same-sex marriage in New Mexico.
- [NM Supreme Court issues four decisions in civil cases](https://nmappellatelaw.com/nm-supreme-court-issues-four-decisions-in-civil-cases/) - The New Mexico Supreme Court issued four opinions in civil cases, addressing issues including arbitration, waiver of claims, restrictive covenants, and attorney discipline
- [Tenth Circuit rules in favor of Hobby Lobby on its challenge to HHS contraceptive mandate](https://nmappellatelaw.com/tenth-circuit-rules-in-favor-of-hobby-lobby-on-its-challenge-to-hhs-contraceptive-mandate/) - The Tenth Circuit has ruled in Hobby Lobby's favor on its challenge to the HHS contraceptive mandate.
- [NM Supreme Court holds that closure of courtroom to protect cooperating witnesses violated 6th Amendment Public Trial Clause](https://nmappellatelaw.com/nm-supreme-court-holds-that-closure-of-courtroom-to-protect-cooperating-witnesses-violated-6th-amendment-public-trial-clause/) - The New Mexico Supreme Court has ordered a new trial where a murder defendant was denied his right to a public trial by the courtroom's partial closure to protect confidential informants.
- [U.S. Senate schedules vote for Wyoming AG's nomination to the Tenth Circuit](https://nmappellatelaw.com/u-s-senate-schedules-vote-for-wyoming-ags-nomination-to-the-tenth-circuit/) - On July 8, the United States Senate is scheduled to vote on Wyoming Attorney General Gregory Phillips' nomination to the Tenth Circuit.
- [NM Supreme Court asks for response to same-sex marriage petition](https://nmappellatelaw.com/nm-supreme-court-asks-for-response-to-same-sex-marriage-petition/) - The New Mexico Supreme Court has asked Attorney General King and the Santa Fe County Clerk to respond to a petition seeking recognition of same-sex marriage
- [Another writ petition filed in NM Supreme Court asking that same-sex marriage be legalized](https://nmappellatelaw.com/another-writ-petition-filed-in-nm-supreme-court-asking-that-same-sex-marriage-be-legalized/) - The ACLU of NM and the National Center for Lesbian Rights have filed a petition for writ of mandamus asking the New Mexico Supreme Court to rule on same-sex marriage
- [Senate confirms Wyoming AG Gregory Phillips to the Tenth Circuit](https://nmappellatelaw.com/senate-confirms-wyoming-ag-gregory-phillips-to-the-tenth-circuit/) - The U.S. Senate has confirmed the nomination of Wyoming Attorney General Gregory Phillips to the Tenth Circuit by a vote of 88-0.
- [Happy Birthday to my Blog, and a request!](https://nmappellatelaw.com/happy-birthday-to-my-blog-and-a-request/) - The New Mexico Appellate Law Blog celebrates its 1st birthday today. Thanks for all the support, and please nominate it for the 7th annual ABA Blawg 100.
- [Kerry Kiernan announces candidacy for New Mexico Court of Appeals](https://nmappellatelaw.com/kerry-kiernan-announces-candidacy-for-new-mexico-court-of-appeals/) - Appellate lawyer Kerry Kiernan has announced his candidacy for the New Mexico Court of Appeals.
- ["Slew of new laws takes effect, from social media to fair pay"](https://nmappellatelaw.com/slew-of-new-laws-takes-effect-from-social-media-to-fair-pay/) - Judge Alan Malott writes about some new laws that went into effect in New Mexico on July 1.
- [City of Santa Fe asks to file amicus brief in same-sex marriage case](https://nmappellatelaw.com/city-of-santa-fe-asks-to-file-amicus-brief-in-same-sex-marriage-case/) - The City of Santa Fe has asked the New Mexico Supreme Court for leave to file an amicus curiae brief in a writ of mandamus proceeding regarding same-sex marriage
- [It's not proper to exclude an expert merely because he's not a specialist, says NM Court of Appeals](https://nmappellatelaw.com/its-not-proper-to-exclude-an-expert-merely-because-hes-not-a-specialist-says-nm-court-of-appeals/) - New Mexico Court of Appeals holds trial court improperly excluded expert who was not specialist in emergency medicine, but who had experience treating influenza
- [Workers' comp benefits can't exceed average weekly wage, says NM Court of Appeals](https://nmappellatelaw.com/workers-comp-benefits-cant-exceed-average-weekly-wage-says-nm-court-of-appeals/) - New Mexico Court of Appeals holds that worker's award of loss of use and permanent partial disability cannot exceed average weekly wage
- ["Former Wyoming Attorney General Greg Phillips born to be a judge, boss says"](https://nmappellatelaw.com/former-wyoming-attorney-general-greg-phillips-born-to-be-a-judge-boss-says/) - Former Wyoming Attorney General Greg Phillips was born to be a judge.
- [Read the briefs filed yesterday in New Mexico's same-sex marriage cases](https://nmappellatelaw.com/read-the-briefs-filed-yesterday-in-new-mexicos-same-sex-marriage-cases/) - Briefs have been filed today in the New Mexico same-sex marriage cases by Attorney General King, the City & County of Santa Fe, and amici curiae
- [It's time for reciprocity in New Mexico](https://nmappellatelaw.com/its-time-for-reciprocity-in-new-mexico/) - The New Mexico Supreme Court should discard the antiquated requirement that lawyers who have already passed the bar in another state take the New Mexico bar exam to practice here
- [President Obama nominates Kansas Supreme Court Justice Nancy Moritz to the Tenth Circuit](https://nmappellatelaw.com/president-obama-nominates-kansas-supreme-court-justice-nancy-moritz-to-the-tenth-circuit/) - Yesterday, the White House announced President Obama's appointment of Kansas Supreme Court Justice Nancy L. Moritz to the Tenth Circuit. The Topeka Capital-Journal has this report on Justice Moritz's nomination. If confirmed, Justice Moritz will take the seat vacated by former Judge Deanell Reece Tacha, who is now the dean of Pepperdine University School of
- ["Last Chance? 10th Circuit Court could decide fate of defunded New Mexico agencies"](https://nmappellatelaw.com/last-chance-10th-circuit-court-could-decide-fate-of-defunded-new-mexico-agencies/) - New Mexico mental health care providers are asking the Tenth Circuit to reverse an order denying an injunction against the NM Human Services Department
- ["NM Supreme Court decides licensing board improperly revoked counselor's license"](https://nmappellatelaw.com/nm-supreme-court-decides-licensing-board-improperly-revoked-counselors-license/) - The New Mexico Supreme Court held that the NM Counseling & Therapy Practice Board violated a counselor's due process rights in revoking his license
- ["Supreme Court to take up suit against recall group"](https://nmappellatelaw.com/supreme-court-to-take-up-suit-against-recall-group/) - The New Mexico Supreme Court has agreed to hear a case involving the proper interpretation of New Mexico's anti-SLAPP statute.
- [District court's advice about immigration consequences of guilty plea can't take the place of good advice from counsel](https://nmappellatelaw.com/district-courts-advice-about-immigration-consequences-of-guilty-plea-cant-take-the-place-of-good-advice-from-counsel/) - The New Mexico Court of Appeals has held that a district court's advice about the immigration consequences of a guilty plea does not overcome ineffective assistance of counsel
- [NM Supreme Court reaffirms right of non-English speakers to serve on juries](https://nmappellatelaw.com/nm-supreme-court-reaffirms-right-of-non-english-speakers-to-serve-on-juries/) - The New Mexico Supreme Court has held that a potential juror was improperly precluded from serving on a jury because he could not speak English, but the error was not preserved
- [Heroic off-duty police officer who died rescuing child is entitled to workers' compensation benefits, says NM Court of Appeals](https://nmappellatelaw.com/heroic-off-duty-police-officer-who-died-rescuing-child-is-entitled-to-workers-compensation-benefits-says-nm-court-of-appeals/) - The New Mexico Court of Appeals has held that the widow of an off-duty police officer is entitled to workers' compensation benefits
- [NM Supreme Court denies petitions seeking recognition of same-sex marriage](https://nmappellatelaw.com/nm-supreme-court-denies-petitions-seeking-recognition-of-same-sex-marriage/) - The New Mexico Supreme Court has denied petitions for writ of mandamus asking that a right to same-sex marriage be recognized in New Mexico.
- [Watch those verdict forms, says Tenth Circuit](https://nmappellatelaw.com/watch-those-verdict-forms-says-tenth-circuit/) - The Tenth Circuit held that an appellant waived his claim that the insufficient evidence supported a negligence verdict, where he did not ask for a special verdict separating the factual theories.
- [New Mexico Supreme Court issues decision in high-profile Elane Photography case](https://nmappellatelaw.com/new-mexico-supreme-court-issues-decision-in-high-profile-elane-photography-case/) - The New Mexico Supreme Court has issued its decision in the high-profile Elane Photography case.
- [NM Supreme Court will hear same-sex marriage petition on October 23](https://nmappellatelaw.com/nm-supreme-court-will-hear-same-sex-marriage-petition-on-october-23/) - The New Mexico Supreme Court will hear the county clerks' petition asking for a decision on same-sex marriage on October 23.
- [NM Supreme Court proposes changes to rule governing peremptory excusal of judges](https://nmappellatelaw.com/nm-supreme-court-proposes-changes-to-rule-governing-peremptory-excusal-of-judges/) - The New Mexico Supreme Court has issued proposed changes to the process by which parties exercise peremptory excusal of judges.
- [Read the New Mexico County Clerks' petition in same-sex marriage case](https://nmappellatelaw.com/read-the-new-mexico-county-clerks-petition-in-same-sex-marriage-case/) - As a follow-up to my earlier post on the County Clerks' petition to the New Mexico Supreme Court asking for guidance on whether they may, or may not, issue same-sex marriage licenses, here are the following documents from the case: 1. The Verified Petition for Writ of Superintending Control filed by the New Mexico Association of Counties and by
- [Interesting interview with appellate lawyer Brian Keller posted at lawyerist.com](https://nmappellatelaw.com/interesting-interview-with-appellate-lawyer-brian-keller-posted-at-lawyerist-com/) - Lawyerist.com has posted an interesting interview with appellate lawyer Brian Keller of the Department of the Navy.
- [Arbitration agreements can be enforced in wrongful death cases, says NM Court of Appeals](https://nmappellatelaw.com/arbitration-agreements-can-be-enforced-in-wrongful-death-cases-says-nm-court-of-appeals/) - The New Mexico Court of Appeals held that personal representatives in wrongful death cases are bound by arbitration agreements.
- [Obama Administration asks SCOTUS to overrule Tenth Circuit's decision in Hobby Lobby](https://nmappellatelaw.com/obama-administration-asks-scotus-to-overrule-tenth-circuits-decision-in-hobby-lobby/) - The Solicitor General has filed a petition for certiorari asking the Supreme Court to overrule the Tenth Circuit's decision in Hobby Lobby.
- [RIP: The Honorable Joe Wood, former judge of the New Mexico Court of Appeals](https://nmappellatelaw.com/rip-the-honorable-joe-wood-former-judge-of-the-new-mexico-court-of-appeals/) - Judge Joe Wood, who served on the New Mexico Court of Appeals from 1966 to 1986, has passed away.
- [Read the briefs in Griego v. Oliver, the same-sex marriage case in the New Mexico Supreme Court](https://nmappellatelaw.com/read-the-briefs-in-griego-v-oliver-the-same-sex-marriage-case-in-the-new-mexico-supreme-court/) - Read the briefs in Griego v. Oliver, the same-sex marriage case pending before the New Mexico Supreme Court
- ["Utahn lauded as 10th Circuit appeals court pick"](https://nmappellatelaw.com/utahn-lauded-as-10th-circuit-appeals-court-pick/) - The Senate Judiciary Committee held a confirmation hearing for Utah Court of Appeals Judge Carolyn McHugh, who was nominated to the Tenth Circuit by President Obama
- [Comments on changes to New Mexico's judge excusal rule](https://nmappellatelaw.com/comments-on-changes-to-new-mexicos-judge-excusal-rule/) - Members of the bar have submitted comments to the New Mexico Supreme Court's proposed changes to the rules governing peremptory excusal of judges.
- [Celebrate the First Monday in October by listening to these SCOTUS previews](https://nmappellatelaw.com/the-first-monday-in-october/) - Listen to several interesting previews of the October 2013 term of the Supreme Court of the United States.
- [Law-related events in Albuquerque this week](https://nmappellatelaw.com/law-related-events-in-albuquerque-this-week/) - Two law-related events will occur in Albuquerque on Friday, October 11. One will feature Prof. Jonathan Turley.
- [Jemez Pueblo will ask 10th Circuit to review claim to ownership of Valles Caldera](https://nmappellatelaw.com/jemez-pueblo-will-ask-10th-circuit-to-review-claim-to-ownership-of-valles-caldera/) - Jemez Pueblo has announced that it will ask the Tenth Circuit to reverse a federal district court's dismissal of its lawsuit to reclaim ownership of Valles Caldera
- [Defendant can recover attorney's fees even where insurer provides defense, says NM Court of Appeals](https://nmappellatelaw.com/attorneys-fees-even-where-insurer-provides-defense/) - The New Mexico Court of Appeals has held that a defendant was entitled to recover attorney's fees under a contract, even though an insurer had paid for the defense.
- [NM Supreme Court same-sex marriage arguments will be streamed on the Internet](https://nmappellatelaw.com/nm-supreme-court-same-sex-marriage-arguments-will-be-streamed-on-the-internet/) - The New Mexico Supreme Court's oral argument in Griego v. Oliver, the same-sex marriage case, will be streamed live over the Internet.
- [NM Court of Appeals restricts scope of child abuse reporting statute](https://nmappellatelaw.com/scope-of-child-abuse-reporting-statute/) - The New Mexico Court of Appeals held that the child abuse reporting statute does not apply to "every person," but only to professionals listed in the statute
- [New Mexico adopts disclosure requirement for amicus curiae briefs](https://nmappellatelaw.com/new-mexico-adopts-disclosure-requirement-for-amicus-curiae-briefs/) - The New Mexico Rules of Appellate Procedure will now require disclosure of whether a party or its counsel has written or funded an amicus curiae brief.
- [Don't forget to register for tomorrow's New Mexico Appellate Practice Institute](https://nmappellatelaw.com/dont-forget-to-register-for-tomorrows-new-mexico-appellate-practice-institute/) - The 24th annual New Mexico Appellate Practice Institute will be held on November 22, 2013 in Albuquerque
- [NM Court of Appeals decisions during the first half of December 2013](https://nmappellatelaw.com/nm-court-of-appeals-decisions-during-the-first-half-of-december-2013/) - The New Mexico Court of Appeals issued four published opinions during the first half of December 2013
- [Read the amicus briefs filed in support of Elane Photography's cert. petition](https://nmappellatelaw.com/read-the-amicus-briefs-filed-in-support-of-elane-photographys-cert-petition/) - Several amicus curiae, including the Attorneys General of eight states, have filed briefs in support of Elane Photography's petition for certiorari in SCOTUS
- [New Mexico Supreme Court rules in favor of same-sex marriage](https://nmappellatelaw.com/new-mexico-supreme-court-rules-in-favor-of-same-sex-marriage/) - The New Mexico Supreme Court held that the state constitution requires that same-sex couples be allowed to marry
- [Tenth Circuit rules that New Mexico's limits on contributions to independent groups violate First Amendment](https://nmappellatelaw.com/tenth-circuit-rules-that-new-mexicos-limits-on-contributions-to-independent-groups-violate-first-amendment/) - The Tenth Circuit held that New Mexico's restrictions on independent expenditures violate the First Amendment
- [Tenth Circuit: College Edition!](https://nmappellatelaw.com/tenth-circuit-college-edition/) - In which the Tenth Circuit issues two decisions addressing the doleful state of affairs at our nation's institutions of higher learning
- [My Top Ten Most Popular Posts in 2013](https://nmappellatelaw.com/my-top-ten-most-popular-posts-in-2013/) - A list of the top ten most popular posts in 2013 on the New Mexico Appellate Law Blog
- [Understanding the form that supposedly exempts the Little Sisters of the Poor from the HHS contraceptive mandate](https://nmappellatelaw.com/understanding-the-form-that-supposedly-exempts-the-little-sisters-of-the-poor-from-the-hhs-contraceptive-mandate/) - You can gain a better understanding of the form that the Government wants the Little Sisters of the Poor to sign from Kevin Walsh's recent post at Mirror of Justice.
- [Read the latest issue of Native American Law Watch](https://nmappellatelaw.com/read-the-latest-issue-of-native-american-law-watch/) - Read the Winter 2013 issue of Native American Law Watch, published by Modrall Sperling
- [New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant](https://nmappellatelaw.com/aerial-surveillance-is-a-search/) - The New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant under the New Mexico Constitution
- [Tenth Circuit rejects New Mexico's view that unbalanced arbitration agreements are unenforceable](https://nmappellatelaw.com/tenth-circuit-rejects-new-mexicos-view-that-unbalanced-arbitration-agreements-are-unenforceable/) - The Tenth Circuit held that the Federal Arbitration Act preempts New Mexico's case law which requires arbitration agreements to be equally balanced.
- [With restrictive covenants, it's better to beg permission than ask forgiveness](https://nmappellatelaw.com/restrictive-covenants-permission-than-forgiveness/) - The New Mexico Court of Appeals has upheld enforcement of a restrictive covenant against a dog training business in a residential area.
- [It's a bird, it's a plane ... no, it's Superjudge!](https://nmappellatelaw.com/its-a-bird-its-a-plane-no-its-superjudge/) - Judge Sheri Raphaelson of the First Judicial District Court stopped to render aid to an injured criminal defendant on the way to her courtroom.
- [The Spring 2014 edition of NM's appellate practice section newsletter is out](https://nmappellatelaw.com/the-spring-2014-edition-of-nms-appellate-practice-section-newsletter-is-out/) - The Spring 2014 edition of Appellate News has been published, and contains an interview with New Mexico Supreme Court Justice Barbara Vigil.
- [Have lunch with Chief Judge Roderick Kennedy of the NM Court of Appeals](https://nmappellatelaw.com/have-lunch-with-chief-judge-roderick-kennedy-of-the-nm-court-of-appeals/) - The New Mexico State Bar's Appellate Practice Section is sponsoring a brown bag lunch with Chief Judge Roderick Kennedy of the New Mexico Court of Appeals on March 7.
- [Elane Photography files reply brief in support of its cert. petition](https://nmappellatelaw.com/elane-photography-files-reply-brief-in-support-of-its-cert-petition/) - Elane Photography has filed its reply brief in support of its petition for certiorari in the United States Supreme Court.
- [NM Court of Appeals holds argument at Grants High School](https://nmappellatelaw.com/nm-court-of-appeals-holds-argument-at-grants-high-school/) - The New Mexico Court of Appeals held an oral argument at Grants High School.
- [New Mexico Supreme Court issues four published decisions in February 2014](https://nmappellatelaw.com/new-mexico-supreme-court-issues-four-published-decisions-in-february-2014/) - The New Mexico Supreme Court issued four published decisions in February
- [War Powers Clause does not authorize abrogation of state sovereign immunity, holds NM Court of Appeals](https://nmappellatelaw.com/war-powers-clause-does-not-abrogate-state-sovereign-immunity/) - The New Mexico Court of Appeals has held that the Constitution's War Powers Clause does not give Congress authority to abrogate the state's sovereign immunity
- [Tenth Circuit holds that Guarantee Clause claim is justiciable](https://nmappellatelaw.com/tenth-circuit-holds-that-guarantee-clause-claim-is-justiciable/) - The Tenth Circuit has held that a challenge to the Colorado Taxpayers' Bill of Rights under the Guarantee Clause is justiciable.
- ["Senate set to elevate Utah judge to 10th Circuit"](https://nmappellatelaw.com/senate-to-elevate-utah-judge-to-10th-circuit/) - The United States Senate seems poised to confirm Utah Court of Appeals judge Carolyn McHugh to the Tenth Circuit
- [Senate confirms Judge Carolyn McHugh to Tenth Circuit](https://nmappellatelaw.com/senate-confirms-judge-carolyn-mchugh-to-tenth-circuit/) - By a 98-0 vote, the Senate confirmed Utah Court of Appeals Judge Carolyn McHugh to the Tenth Circuit.
- [E-Discovery Expert Maura Grossman to Speak in Albuquerque](https://nmappellatelaw.com/e-discovery-expert-maura-grossman-to-speak-in-albuquerque/) - E-Discovery expert Maura R. Grossman will be conducting a CLE seminar in Albuquerque entitled "Fundamentals of Technology Assisted Review"
- ["Contrary to sound principles of judicial and common sense, we are required to hear this direct appeal...."](https://nmappellatelaw.com/contrary-to-sound-principles-of-judicial-and-common-sense-we-are-required-to-hear-this-direct-appeal/) - New Mexico Supreme Court upholds municipal ordinance giving discretion to arrest or issue citation
- [Tenth Circuit reverses order granting new trial to Deming, NM's Reese family in gun case](https://nmappellatelaw.com/10th-cir-reverses-new-trial-to-reeses/) - The Tenth Circuit has reversed a trial court's order granting the Reese family of Deming, New Mexico a new trial in a gun case.
- [Elane Photography relisted for second time](https://nmappellatelaw.com/elane-photography-relisted-for-second-time/) - The United States Supreme Court has relisted the Elane Photography cert. petition for the second time.
- [Barbara Vigil to be installed as Chief Justice of the New Mexico Supreme Court](https://nmappellatelaw.com/barbara-vigil-to-be-installed-as-chief-justice-of-the-new-mexico-supreme-court/) - On Friday, April 4, 2014, at 3:00 p.m., Barbara Vigil will be installed as the Chief Justice of the New Mexico Supreme Court.
- [New Mexico Supreme Court adopts reciprocity in bar admissions](https://nmappellatelaw.com/new-mexico-supreme-court-adopts-reciprocity-in-bar-admissions/) - The New Mexico Supreme Court has announced that attorneys from other states will no longer be required to pass the bar exam before practicing here.
- [Borrower who failed to make payments can't be criminally charged for damaging property](https://nmappellatelaw.com/borrower-cant-be-criminally-charged/) - A borrower who failed to make payments on a home allegedly damaged it before vacating it. The New Mexico Court of Appeals held he can't be criminally charged.
- [NM Court of Appeals affirms dismissal due to government's use of false document](https://nmappellatelaw.com/nm-court-of-appeals-affirms-dismissal-due-to-governments-use-of-false-document/) - The New Mexico Court of Appeals has affirmed dismissal of a Medicaid fraud case because a government investigator fabricated evidence.
- [No, police experts can't testify that a defendant isn't credible, 10th Circuit says](https://nmappellatelaw.com/no-police-experts-cant-testify-that-a-defendant-isnt-credible-10th-circuit-says/) - The Tenth Circuit has reversed a conviction because the prosecutor presented expert testimony that the defendant was not credible.
- [Is "independent intervening cause" alive in New Mexico?](https://nmappellatelaw.com/is-independent-intervening-cause-alive-in-nm/) - The New Mexico Court of Appeals has reversed a wrongful death judgment for failure to instruct the jury on independent intervening cause
- [NM Court of Appeals holds that workers' compensation covers medical marijuana](https://nmappellatelaw.com/nm-court-of-appeals-holds-that-workers-compensation-covers-medical-marijuana/) - The New Mexico Court of Appeals has affirmed a workers' compensation order directing an employer to reimburse an injured worker for medical marijuana.
- [NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment](https://nmappellatelaw.com/nm-court-of-appeals-rejects-church-autonomy-defense-to-claims-arising-from-alleged-harassment/) - New Mexico Court of Appeals holds that the church autonomy doctrine does not bar a fired teacher's contract and tort claims against a religious school.
- [New Mexico Supreme Court overturns Governor's veto of judicial pay raises](https://nmappellatelaw.com/new-mexico-supreme-court-overturns-governors-veto-of-judicial-pay-raises/) - The New Mexico Supreme Court yesterday overturned Governor Susana Martinez's veto of judicial pay raises.
- [Temporary total disability benefits available "for life," says NM Supreme Court](https://nmappellatelaw.com/temporary-total-disability-benefits-available-for-life-says-nm-supreme-court/) - The New Mexico Supreme Court has held that temporary total disability (TTD) benefits under the Workers' Compensation Act are available "for life."
- [NM Court of Appeals rejects AG King's overbroad interpretation of Medicaid Fraud Act](https://nmappellatelaw.com/nm-court-of-appeals-rejects-ag-kings-overbroad-interpretation-of-medicaid-fraud-act/) - The New Mexico Court of Appeals held that the Medicaid Fraud Act imposes liability only when a medical provider falsely certifies compliance with a condition of payment.
- [Candidates' forum for NM Court of Appeals & NM Attorney General on July 1](https://nmappellatelaw.com/candidates-forum-for-nm-court-of-appeals-nm-attorney-general-on-july-1/) - On July 1, the Albuquerque Bar Association will host a candidates' forum for NM Court of Appeals candidates Hon. Miles Hanisee & Kerry Kiernan, and NM AG candidates Hector Balderas and Susan Riedel.
- [Justice Ruth Bader Ginsburg to speak in Santa Fe on August 15](https://nmappellatelaw.com/justice-ruth-bader-ginsburg-to-speak-in-santa-fe-on-august-15/) - Justice Ruth Bader Ginsburg will speak in Santa Fe on August 15 at a conference.
- [10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents](https://nmappellatelaw.com/10th-circuit-rules-in-favor-of-same-sex-marriage-judge-kelly-of-n-m-dissents/) - The Tenth Circuit affirmed a decision striking down a Utah law which restricted marriage to one man and one woman.
- [Tenth Circuit Scorecard, October Term 2013](https://nmappellatelaw.com/tenth-circuit-scorecard-october-term-2013/) - The Tenth Circuit had a 50% success rate at the U.S. Supreme Court this year, with 2 affirmances and 2 reversals.
- [New Mexico Supreme Court upholds "tax lightning" statute](https://nmappellatelaw.com/new-mexico-supreme-court-upholds-tax-lightning-statute/) - The New Mexico Supreme Court has upheld the controversial property tax statute that inflicts "tax lightning" on home buyers.
- [NM Court of Appeals, NM AG candidates speak at forum](https://nmappellatelaw.com/nm-court-of-appeals-nm-ag-candidates-speak-at-forum/) - The candidates for New Mexico Attorney General and the New Mexico Court of Appeals spoke at a July 1 forum sponsored by the Albuquerque Bar Association.
- [Anti-Defamation League's SCOTUS review is tomorrow](https://nmappellatelaw.com/anti-defamation-leagues-scotus-review-is-tomorrow/) - You can watch a livestream of the Anti-Defamation League's SCOTUS review tomorrow, July 8, featuring Dean Erwin Chemerinsky, Deborah Lauter, & Frederick Lawrence
- [Save the date for the New Mexico Appellate Practice Institute](https://nmappellatelaw.com/save-the-date-for-the-new-mexico-appellate-practice-institute/) - The annual New Mexico Appellate Practice Institute is scheduled to take place on Friday, December 5, 2014.
- [Tenth Circuit denies en banc review in Guarantee Clause case](https://nmappellatelaw.com/tenth-circuit-denies-en-banc-review-in-guarantee-clause-case/) - The Tenth Circuit has denied en banc review in the Guarantee Clause case, Kerr v. Hickenlooper.
- [Timothy Sandefur to speak in Albuquerque on July 31](https://nmappellatelaw.com/timothy-sandefur-to-speak-in-albuquerque-on-july-31/) - Timothy Sandefur of the Pacific Legal Foundation will speak at UNM Law School in Albuquerque on July 31
- [Jury can decide whether DOT had constructive notice of tire debris on highway, although no one knows how long it was there](https://nmappellatelaw.com/jury-can-decide-whether-dot-had-constructive-notice/) - A jury can decide whether the NM Department of Transportation had constructive notice of debris on a highway, although no one knew how long it had been there.
- [Have lunch with Judge Monica Zamora](https://nmappellatelaw.com/have-lunch-with-judge-monica-zamora/) - The New Mexico State Bar's Appellate Practice Section is sponsoring a brown bag lunch with Judge Monica Zamora on September 5.
- [Tenth Circuit proposes changes to its local rules; comment period open through October 20](https://nmappellatelaw.com/proposed-changes-to-10th-circuit-rules/) - The Tenth Circuit is inviting comment on the latest proposed changes to its local rules. The Clerk's Office has released this memo summarizing the changes, and you can review the actual changes in redline in this lengthy document. The most notable change is the proposed amendment to Local Rule 30, which will require retained counsel in civil
- [Non-parties who seek to enforce contract are bound by arbitration agreement, says NM Court of Appeals](https://nmappellatelaw.com/non-parties-who-seek-to-enforce-contract-are-bound-by-arbitration-agreement-says-nm-court-of-appeals/) - Normally, arbitration is a matter of contract. If you didn't sign an arbitration agreement, you're not bound by it. But there are exceptions, and the New Mexico Court of Appeals recognized one of them in Damon v. StrucSure Home Warranty, LLC. In sum, if you seek to enforce a contract that you didn't sign, you
- [10th Circuit: If you think someone's stealing your beer, take your claim to the bar before it's barred](https://nmappellatelaw.com/10th-circuit-if-you-think-someones-stealing-your-beer-take-your-claim-to-the-bar-before-its-barred/) - Tenth Circuit holds that statute of limitations barred RICO claim against defendants accused of stealing beer from liquor store.
- [Should the word limit for federal appellate briefs be decreased?](https://nmappellatelaw.com/should-the-word-limit-for-federal-appellate-briefs-be-decreased/) - A proposed amendment would reduce the length of federal appellate briefs from 14,000 to 12,500 words.
- [NM Court of Appeals: State may prosecute identity theft occurring entirely in other states, where victim is in New Mexico](https://nmappellatelaw.com/state-may-prosecute-identity-theft-occurring-entirely-in-other-states/) - The New Mexico Court of Appeals has held that the State may prosecute identity theft occurring entirely out of state, where the effects of the crime are felt in New Mexico.
- ["It is enough to present a defense; harping on it is not required."](https://nmappellatelaw.com/it-is-enough-to-present-a-defense-harping-on-it-is-not-required/) - Judge Frank Easterbrook's observation is a good reminder for appellate counsel.
- [Read the latest issue of "Appellate Issues," from the ABA's Council of Appellate Lawyers](https://nmappellatelaw.com/read-the-latest-issue-of-appellate-issues-from-the-abas-council-of-appellate-lawyers/) - The ABA's Council of Appellate Lawyers has published the Summer 2014 issue of "Appellate Issues," with several articles on amicus curiae briefs
- [Are there any New Mexico judges on Twitter?](https://nmappellatelaw.com/are-there-any-new-mexico-judges-on-twitter/) - Texas Supreme Court Justice Don Willett shows the judicial branch how to make successful use of Twitter.
- [What does the denial of the same-sex marriage petitions mean for New Mexico?](https://nmappellatelaw.com/what-does-the-denial-of-the-same-sex-marriage-petitions-mean-for-new-mexico/) - The U.S. Supreme Court's decision not to hear the same-sex marriage cases means little for New Mexico, because the New Mexico Supreme Court's decision allowing same-sex marriage was based on the state constitution.
- [Several New Mexico newspapers endorse Judge Hanisee for Court of Appeals](https://nmappellatelaw.com/new-mexico-newspapers-endorse-judge-hanisee-for-court-of-appeals/) - Several New Mexico newspapers have endorsed incumbent Judge Miles Hanisee, the Republican candidate, for the New Mexico Court of Appeals.
- ["Ringside Seat: In a clean race, it's a shame someone has to lose"](https://nmappellatelaw.com/ringside-seat-in-a-clean-race-its-a-shame-someone-has-to-lose/) - Milan Simonich has an interesting article about the remarkably clean race between Judge Miles Hanisee, and appellate lawyer Kerry Kiernan, for a seat on the New Mexico Court of Appeals
- [Tenth Circuit to hold oral arguments in Albuquerque on November 13](https://nmappellatelaw.com/tenth-circuit-to-hold-oral-arguments-in-albuquerque-on-november-13/) - The Tenth Circuit will hold oral arguments in Albuquerque on November 13.
- [Interview with Kerry Kiernan, candidate for NM Court of Appeals](https://nmappellatelaw.com/interview-with-kerry-kiernan-candidate-for-nm-court-of-appeals/) - An interview with Kerry Kiernan, Democratic candidate for the New Mexico Court of Appeals.
- [Judge Miles Hanisee appears to have prevailed in the Court of Appeals race; other N.M. appellate judges easily win retention](https://nmappellatelaw.com/judge-miles-hanisee-appears-to-have-prevailed/) - In the latest results from the Secretary of State's office, Judge Miles Hanisee, the incumbent and Republican candidate, holds a lead over his Democratic challenger, Kerry Kiernan. As of the time of this writing, Judge Hanisee has 242,367 votes to Mr. Kiernan's 232,677 votes. I'm not an election law aficionado, so I don't know how
- [NM Supreme Court lifts stay, allows recount to continue in Land Commissioner's race](https://nmappellatelaw.com/nm-supreme-court-lifts-stay-allows-recount-to-continue-in-land-commissioners-race/) - The New Mexico Supreme Court has rejected a petition by Ray Powell, Commissioner of Public Lands, challenging election recount procedures.
- [Electronic Privacy Information Center files amicus brief asking NM Supreme Court to limit aerial surveillance](https://nmappellatelaw.com/electronic-privacy-information-center-files-amicus-brief-asking-nm-supreme-court-to-limit-aerial-surveillance/) - Earlier this year I wrote about the Court of Appeals' decision in State v. Davis, which held that under the New Mexico Constitution, aerial surveillance by police constitutes a search requiring a warrant, or an exception to the warrant requirement. The case arises from the 2006 arrest of Norman Davis, a man in his 70s
- [My top 10 most popular posts in 2014](https://nmappellatelaw.com/my-top-10-most-popular-posts-in-2014/) - Here are the top ten most-read posts from the New Mexico Appellate Law Blog in 2014. Thanks again to all the readers of this blog! 1. New Mexico Supreme Court adopts reciprocity in bar admissions. Reciprocity is set to go into effect on June 1, 2015, and has the potential to significantly change the practice of
- [Can the Governor reappoint a judge who lost his retention election?](https://nmappellatelaw.com/can-the-governor-reappoint-a-judge-who-lost-his-retention-election/) - The NM Supreme Court will consider a petition to nullity the reappointment of Judge Albert Mitchell, who lost his retention election in November
- [NM Supreme Court hears case on aerial search with implications for drones](https://nmappellatelaw.com/nm-supreme-court-hears-case-on-aerial-search-with-implications-for-drones/) - The New Mexico Supreme Court heard oral arguments about whether aerial surveillance by police requires a search warrant under the New Mexico Constitution.
- [NM Supreme Court affirms reappointment of judge who lost retention election](https://nmappellatelaw.com/nm-supreme-court-affirms-reappointment/) - The New Mexico Supreme Court affirmed the reappointment of Judge Albert Mitchell to the district court, although he lost his retention election in November.
- [Reies Lopez Tijerina, leader of the Tierra Amarilla courthouse raid, dies at 88](https://nmappellatelaw.com/reies-lopez-tijerina-leader-of-the-tierra-amarilla-courthouse-raid-dies-at-88/) - Reies Lopez Tijerina, who led the infamous raid on the Tierra Amarilla courthouse in 1967, dies at 88
- [Oral argument in New Mexico assisted suicide appeal to be heard on January 26](https://nmappellatelaw.com/oral-argument-in-new-mexico-assisted-suicide-appeal-to-be-heard-on-january-26/) - On Monday, January 26, 2015, the New Mexico Court of Appeals will hear argument in the assisted suicide appeal.
- [NM Court of Appeals holds oral argument in assisted suicide case](https://nmappellatelaw.com/nm-court-of-appeals-holds-oral-argument-in-assisted-suicide-case/) - Yesterday afternoon the New Mexico Court of Appeals heard oral argument in a case asking whether there is a state constitutional right to assisted suicide.
- [NM Court of Appeals to decide whether "public trust" doctrine requires state to regulate greenhouse emissions](https://nmappellatelaw.com/does-public-trust-doctrine-requires-state-to-regulate-greenhouse-emissions/) - The New Mexico Court of Appeals will decide whether the "public trust" doctrine imposes on the State a duty to regulate greenhouse gases.
- [Chief Justice Vigil: Judiciary Needs More Funding](https://nmappellatelaw.com/chief-justice-vigil-judiciary-needs-more-funding/) - Chief Justice Barbara Vigil makes the case for an increase in funding to New Mexico's state judiciary
- ["Meet the New Mexico judge who sentences more people than any other"](https://nmappellatelaw.com/meet-the-new-mexico-judge-who-sentences-more-people-than-any-other/) - Federal district court judge Robert C. Brack has sentenced more people over the last five years than any other federal judge.
- [Some criticism of Mora County's ordinance banning oil and gas drilling](https://nmappellatelaw.com/some-criticism-of-mora-countys-ordinance-banning-oil-and-gas-drilling/) - Joseph Bottum of the Weekly Standard criticizes secessionist tendencies in Mora County's ordinance banning oil and gas drilling.
- [Have lunch with Judge Michael Bustamante](https://nmappellatelaw.com/have-lunch-with-judge-michael-bustamante/) - The New Mexico State Bar's Appellate Practice Section is hosting a brown-bag lunch with Court of Appeals Judge Michael Bustamante on March 13.
- [NM court rejects man's claim that neighbor's use of wi-fi and cell phone harmed him](https://nmappellatelaw.com/nmca-firstenberg/) - The New Mexico Court of Appeals has affirmed a decision rejecting Arthur Firstenberg's claim that his neighbor's use of wi-fi and cell phone caused him harm.
- [Ten tips for preserving your record on appeal](https://nmappellatelaw.com/ten-tips-for-preserving-your-record-on-appeal/) - Marcia J. Silvers has published a great article on how to preserve the record for appeal.
- [Public trust doctrine does not allow courts to second-guess greenhouse gas regulations](https://nmappellatelaw.com/public-trust-greenhouse-gases/) - The New Mexico Court of Appeals rejected a claim that the public trust doctrine allows courts to second-guess the regulation of greenhouse gases
- [Jess Bravin to speak at UNM Law School on April 2](https://nmappellatelaw.com/jess-bravin-to-speak-at-unm-law-school-on-april-2/) - Jess Bravin will speak at UNM Law School on Thursday, April 2, about his book, The Terror Courts: Rough Justice at Guantanamo Bay
- [10th Circuit explains how not to handle an appeal](https://nmappellatelaw.com/10th-circuit-explains-how-not-to-handle-an-appeal/) - The Tenth Circuit has begun a disciplinary proceeding against a lawyer for his handling of an appeal.
- [Copper Rule affirmed by New Mexico Court of Appeals](https://nmappellatelaw.com/copper-rule-affirmed-by-new-mexico-court-of-appeals/) - The New Mexico Court of Appeals rejected a challenge to the Copper Rule.
- [Erwin Chemerinsky to speak in Santa Fe on April 30](https://nmappellatelaw.com/erwin-chemerinsky-to-speak-in-santa-fe-on-april-30/) - Constitutional scholar Erwin Chemerinsky will speak about the U.S. Supreme Court in Santa Fe on April 30
- [Learn about Magna Carta at Albuquerque's Law Day Luncheon on May 1](https://nmappellatelaw.com/learn-about-magna-carta-at-albuquerques-law-day-luncheon-on-may-1/) - On Friday, May 1, at noon, the Albuquerque Bar Association will be hosting its annual Law Day Luncheon. Special guest speaker Professor Renee Lettow Lerner will be presenting on "Ancient Liberties: Magna Carta and Trial by Jury in America."
- [Former NM public officials can be sued for whistleblower violations](https://nmappellatelaw.com/former-public-officials-can-be-sued-for-whistleblower-violations/) - The New Mexico Court of Appeals has held that government officials who have left office can nevertheless be sued for violating the rights of whistleblowers.
- [10th Circuit: Appellant must actually explain how the trial court erred to win on appeal](https://nmappellatelaw.com/10th-circuit-appellant-must-explain/) - The Tenth Circuit today chided a lawyer who failed to explain why or how the trial court erred.
- [I've joined the board of the New Mexico Foundation for Open Government](https://nmappellatelaw.com/ive-joined-the-board-of-the-new-mexico-foundation-for-open-government/) - I'm pleased to announce that I've been elected to the board of the New Mexico Foundation for Open Government. The Foundation is a non-profit organization dedicated to helping the public understand and exercise its rights under the First Amendment and under New Mexico's "sunshine" laws -- i.e. the Inspection of Public Records Act, the Open
- [U.S. Chamber of Commerce files amicus brief in 10th Circuit arguing against excessive punitive damages](https://nmappellatelaw.com/chamber-of-commerce-files-amicus-brief-on-punitive-damages/) - The U.S. Chamber of Commerce has filed an amicus brief arguing against excessive punitive damages in a case before the Tenth Circuit.
- [Possession of "The Girl With the Dragon Tattoo" violated probation, says NM Court of Appeals](https://nmappellatelaw.com/possession-of-the-girl-with-the-dragon-tattoo-violated-probation-says-nm-court-of-appeals/) - The New Mexico Court of Appeals has held that a defendant's possession of R-rated films like "The Girl With the Dragon Tattoo" violated his probation as a sex offender
- [NM Court of Appeals: Removing screen from window supported breaking-and-entering conviction](https://nmappellatelaw.com/nm-court-of-appeals-removing-screen-from-window-supported-breaking-and-entering-conviction/) - The New Mexico Court of Appeals has affirmed the breaking-and-entering conviction of a man who removed a window screen but did not actually enter the window.
- [10th Circuit: New Mexico county's challenge to election injunction is moot](https://nmappellatelaw.com/countys-challenge-to-election-injunction-moot/) - The Tenth Circuit held that Sandoval County's appeal from a preliminary injunction establishing requirements for the 2014 general election is moot.
- [DEA steals $16,000 from man traveling through Albuquerque](https://nmappellatelaw.com/dea-steals-16000-from-man-traveling-through-albuquerque/) - The DEA stole $16,000 from a man traveling through Albuquerque.
- [10th Cir.: Remand order under McCarran-Ferguson Act isn't appealable](https://nmappellatelaw.com/10th-cir-remand-order-under-mccarran-ferguson-act-isnt-appealable/) - When an insurer becomes insolvent, state law (not federal bankruptcy law) controls the proceedings. A Utah insurer became insolvent, and the liquidator sued several affiliate companies in state court to recover funds that the insurer transferred to them before going belly up. The defendants removed to federal court, asserting that diversity jurisdiction existed. The receiver moved
- [NM Court of Appeals: 10.5 months was sufficient time to file medical malpractice lawsuit](https://nmappellatelaw.com/nm-court-of-appeals-10-5-months-was-sufficient-time-to-file-medical-malpractice-lawsuit/) - The New Mexico Court of Appeals has held, 2-1, that 10 1/2 months was constitutionally sufficient time for a plaintiff to file her medical malpractice lawsuit.
- [Agency's failure to review record was abuse of discretion, says NM Court of Appeals](https://nmappellatelaw.com/agencys-failure-to-review-record-was-abuse-of-discretion-says-nm-court-of-appeals/) - The New Mexico Court of Appeals has held that an administrative agency's reversal of a hearing officer's decision, without even reviewing the evidence, was error.
- [Have lunch with Justice Richard Bosson](https://nmappellatelaw.com/have-lunch-with-justice-richard-bosson/) - The State Bar's Appellate Practice Section will be hosting a brown-bag lunch with New Mexico Supreme Court Justice Richard C. Bosson on Friday, June 5.
- [New Mexico Law Review publishes issue dedicated to "Breaking Bad"](https://nmappellatelaw.com/new-mexico-law-review-publishes-issue-dedicated-to-breaking-bad/) - The New Mexico Law Review has published a special edition dedicated to legal issues raised by "Breaking Bad"
- [NM Supreme Court: County must provide a defense for anyone it commissions to act as a deputy sheriff](https://nmappellatelaw.com/county-must-provide-a-defense-for-deputy-sheriffs/) - The New Mexico Supreme Court has held that a County is obligated to provide a defense when anyone it has commissioned as a sheriff's deputy is sued in tort.
- [Law nerd alert: An examination of New Mexico's unique case-citation rule](https://nmappellatelaw.com/law-nerd-alert-an-examination-of-new-mexicos-unique-case-citation-rule/) - Prof. Peter W. Martin of Cornell Law School has a blog, Citing Legally, which recently posted an interesting overview of New Mexico's unique system for citing cases.
- [Conan Doyle Estate files suit in New Mexico over upcoming film "Mr. Holmes"](https://nmappellatelaw.com/conan-doyle-estate-new-mexico/) - The Conan Doyle Estate has filed a lawsuit in New Mexico, alleging copyright violations against Miramax, author Mitch Cullin, and others over the upcoming movie "Mr. Holmes."
- [Uber & taxi companies challenge new regulations in NM Supreme Court](https://nmappellatelaw.com/uber-taxi-companies-challenge-new-regulations-in-nm-supreme-court/) - Both Uber and taxi cab companies are appealing the Public Regulation Commission's new regulations to the New Mexico Supreme Court.
- [10th Circuit: If you fail to pay arbitration fees, your case will be sent back to court](https://nmappellatelaw.com/10th-circuit-if-you-fail-to-pay-arbitration-fees-your-case-will-be-sent-back-to-court/) - The Tenth Circuit has affirmed an order which ended an arbitration because the party who sought arbitration refused to pay the arbitration fees.
- [Justice Richard Bosson to retire in November](https://nmappellatelaw.com/justice-richard-bosson-to-retire-in-november/) - Justice Richard Bosson of the New Mexico Supreme Court has announced that he will be retiring in November.
- [New Mexico's heightened search-and-seizure protections don't apply at Mexican border](https://nmappellatelaw.com/new-mexicos-heightened-search-and-seizure-protections-dont-apply-at-mexican-border/) - The New Mexico Constitution's heightened protections against searches and seizures don't apply to searches conducted at the Mexican border.
- ["Tenth Circuit to Tackle Second Amendment Appeal"](https://nmappellatelaw.com/tenth-circuit-to-tackle-second-amendment-appeal/) - A group of 55 Colorado sheriffs, non-profit associations, gun stores, and others are taking a Second Amendment challenge to a Colorado gun law to the Tenth Circuit.
- [NM Supreme Court sides with labor unions in prevailing wage dispute](https://nmappellatelaw.com/nm-supreme-court-sides-with-labor-unions-in-wage-dispute/) - The New Mexico Supreme Court has held that the State must set prevailing wage rates on public works projects in accord with those contained in collective bargaining agreements.
- [Self-dealing trustees must both disgorge profits and pay restoration damages, says NM Supreme Court](https://nmappellatelaw.com/self-dealing-trustees-must-both-disgorge-profits-and-pay-restoration-damages-says-nm-supreme-court/) - The New Mexico Supreme Court has held that trustees who engage in self-dealing transactions are required to pay restoration damages for any losses caused, and disgorgement of any profits.
- [Senator Udall to speak at Albuquerque Bar Association on June 30](https://nmappellatelaw.com/senator-udall-to-speak-at-albuquerque-bar-association-on-june-30/) - U.S. Senator Tom Udall will speak at the Albuquerque Bar Association luncheon on June 30.
- [Roberta Cooper Ramo to receive ABA's highest honor](https://nmappellatelaw.com/roberta-cooper-ramo-to-receive-abas-highest-honor/) - The American Bar Association will bestow the ABA Medal on Albuquerque lawyer Roberta Cooper Ramo later this summer.
- [10th Circuit approves "a little judicial jiu-jitsu" in Rocky Flats nuclear class action](https://nmappellatelaw.com/10th-circuit-approves-a-little-judicial-jiu-jitsu-in-rocky-flats-nuclear-class-action/) - Litigation over radioactive pollution at Colorado's Rocky Flats nuclear power plant has been ongoing since the early 1990s, but the Tenth Circuit is trying to bring it to an end, as evidenced by yesterday's decision in Cook v. Rockwell International Corp. Although the decision is obviously important because it signals an end to one of the
- [Exclusion of farm & ranch employees from workers' comp is unconstitutional, says NM Court of Appeals](https://nmappellatelaw.com/exclusion-of-farm-ranch-employees-from-workers-comp-is-unconstitutional-says-nm-court-of-appeals/) - The NM Court of Appeals holds that it's unconstitutional to exclude farm and ranch laborers from workers' compensation.
- [10th Circuit revives Jemez Pueblo's claim to Valles Caldera](https://nmappellatelaw.com/10th-circuit-revives-jemez-pueblos-claim-to-valles-caldera/) - The Tenth Circuit reversed a decision dismissing the Pueblo of Jemez's claim to ownership of Valles Caldera.
- [NM Supreme Court: Retroactive treble damages don't violate ex post facto clause](https://nmappellatelaw.com/nm-supreme-court-retroactive-treble-damages-dont-violate-ex-post-facto-clause/) - The New Mexico Supreme Court has held that the treble damages provision of the Fraud Against Taxpayers Act does not violate the Ex Post Facto Clause.
- [It's too late to ask for arbitration after class certification, says 10th Circuit](https://nmappellatelaw.com/its-too-late-to-ask-for-arbitration-after-class-certification-says-10th-circuit/) - The Tenth Circuit has held that Cox Communications waited too long to ask for arbitration.
- [Employers don't have to pay workers for traveling to and from work, says NM Court of Appeals](https://nmappellatelaw.com/employers-dont-have-to-pay-workers-for-traveling-to-and-from-work-says-nm-court-of-appeals/) - The New Mexico Court of Appeals has rejected a claim that employers must pay overtime wages to workers for time spent traveling to and from work.
- [NM Court of Appeals reaffirms that medical marijuana is covered by workers' compensation](https://nmappellatelaw.com/nm-court-of-appeals-reaffirms-that-medical-marijuana-is-covered-by-workers-compensation/) - The New Mexico Court of Appeals has reaffirmed that medical marijuana is covered by workers' compensation, rejecting an argument that the practice is contrary to federal law.
- [Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal](https://nmappellatelaw.com/tenth-circuit-affirms-tax-evasion-conviction-arising-out-of-new-mexico-sos-scandal/) - The Tenth Circuit has affirmed Elizabeth Kupfer's tax evasion conviction, but remanded for resentencing.
- [NM Court of Appeals explains how to resolve land-use conflicts between state governmental bodies](https://nmappellatelaw.com/nm-court-of-appeals-explains-how-to-resolve-land-use-conflicts-between-state-governmental-bodies/) - The New Mexico Court of Appeals has adopted the "statutory guidance test" to resolve land-use conflicts between government entities.
- [Justice Harry Stowers, RIP](https://nmappellatelaw.com/justice-harry-stowers-rip/) - Former New Mexico Supreme Court Justice Harry Stowers has passed away.
- [10th Circuit affirms Windstream's win in sex and age discrimination case](https://nmappellatelaw.com/10th-circuit-affirms-windstreams-win-in-sex-and-age-discrimination-case/) - The Tenth Circuit has held that a former employee of Windstream Communications utterly failed to support her age and sex discrimination claims against the company.
- [Save the date for the 26th annual New Mexico Appellate Practice Institute](https://nmappellatelaw.com/save-the-date-for-the-26th-annual-new-mexico-appellate-practice-institute/) - The 26th annual New Mexico Appellate Practice Institute will be held on September 11, 2015, and the keynote speaker will be Judge Jimmie Reyna of the Federal Circuit.
- [10th Circuit rules against Little Sisters of the Poor on contraceptive mandate "accommodation"](https://nmappellatelaw.com/10th-circuit-rules-against-little-sisters-of-the-poor-on-contraceptive-mandate/) - The 10th Circuit has rejected a challenge to the contraceptive mandate's "accommodation" for religious non-profits.
- ["The Art of Appellate Advocacy"](https://nmappellatelaw.com/the-art-of-appellate-advocacy/) - Watch six justices of the Supreme Court of Virginia discuss appellate advocacy.
- [Watch this interview with Justice Samuel Alito](https://nmappellatelaw.com/watch-this-interview-with-justice-samuel-alito/) - Bill Kristol has conducted this in-depth, interesting interview with Justice Samuel Alito
- [Judge Timothy Tymkovich to be new Chief Judge of the Tenth Circuit](https://nmappellatelaw.com/judge-timothy-tymkovich-to-be-new-chief-judge-of-the-tenth-circuit/) - Chief Judge Mary Beck Briscoe will step down as chief judge of the Tenth Circuit on September 30, 2015. The new chief judge will be Timothy Tymkovich.
- [Tenth Circuit says woman's statements may constitute "true threats" against abortion doctor](https://nmappellatelaw.com/tenth-circuit-says-woman-made-true-threats-against-abortion-doctor/) - The Tenth Circuit has held that a jury could reasonably find statements in a letter to an abortion doctor to constitute "true threats" outside the First Amendment's protection.
- [Tenth Circuit holds worker can't convert early retirement pension to a disability pension](https://nmappellatelaw.com/tenth-circuit-holds-worker-cant-convert-early-retirement-pension-to-a-disability-pension/) - The Tenth Circuit has held that an employee was not entitled to convert an early retirement pension to a disability pension.
- [New Mexico Court of Appeals rejects right to assisted suicide](https://nmappellatelaw.com/new-mexico-court-of-appeals-rejects-right-to-assisted-suicide/) - The New Mexico Court of Appeals has held that the state constitution creates no right to assisted suicide.
- [Register now for the 2015 New Mexico Appellate Practice Institute](https://nmappellatelaw.com/register-now-for-the-new-mexico-appellate-practice-institute/) - The New Mexico Appellate Practice Institute CLE program will be held on Friday, September 11, 2015 at the State Bar Center in Albuquerque.
- [NM Supreme Court upholds city's rule barring its employees from seeking or holding elective office](https://nmappellatelaw.com/nm-supreme-court-upholds-citys-rule-barring-its-employees-from-seeking-or-holding-elective-office/) - The New Mexico Supreme Court has upheld Albuquerque's prohibition on city employees seeking or holding elective office.
- [10th Circuit affirms convictions in the NM Secretary of State scandal, but orders resentencing](https://nmappellatelaw.com/10th-circuit-affirms-convictions-in-the-nm-secretary-of-state-scandal-but-orders-resentencing/) - The Tenth Circuit has affirmed the convictions of Joseph Kupfer, a key figure in the New Mexico Secretary of State's Office scandal, but remanded for resentencing.
- [NM Supreme Court rejects former judge's argument that she wasn't up for retention in 2014](https://nmappellatelaw.com/nm-supreme-court-rejects-former-judges-argument-that-she-wasnt-up-for-retention-in-2014/) - The New Mexico Supreme Court rejected former district judge's claim that she was not properly up for retention in the 2014 election.
- [Have lunch with Justice Chávez on September 25](https://nmappellatelaw.com/have-lunch-with-justice-chavez-on-september-25/) - Attend a brown bag lunch with Justice Edward Chavez on Friday, September 25, 2015, beginning at noon at the State Bar Center.
- [NM Supreme Court to review assisted suicide case](https://nmappellatelaw.com/nm-supreme-court-to-review-assisted-suicide-case/) - The New Mexico Supreme Court will review the assisted suicide case, and has set an accelerated briefing schedule, with oral argument to be heard on October 26.
- [A book signing for a biography of the late Prof. Albert E. Utton will be held on Sept. 24](https://nmappellatelaw.com/a-book-signing-for-a-biography-of-the-late-prof-albert-e-utton-will-be-held-on-sept-24/) - The Utton Center at UNM Law School will host a book launch and signing for a biography of the late Professor Albert E. Utton on September 24.
- [Applications for the upcoming NM Supreme Court vacancy are due on October 9](https://nmappellatelaw.com/applications-for-the-upcoming-vacancy-on-the-nm-supreme-court-are-due-on-october-9/) - Applications for the upcoming vacancy on the New Mexico Supreme Court must be filed with the Judicial Nominating Commission by October 9.
- [Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court](https://nmappellatelaw.com/warranty-claims-are-governed-by-4-year-ucc-statute-of-limitations-not-3-year-tort-limit/) - The New Mexico Supreme Court has held that a 4-year statute of limitations governs UCC breach of warranty claims, even when the plaintiff is seeking damages for personal injuries.
- [Judge Gary Clingman to apply for seat on NM Supreme Court](https://nmappellatelaw.com/judge-gary-clingman-to-apply-for-seat-on-nm-supreme-court/) - Judge Gary Clingman of the Fifth Judicial District Court is our first candidate for the upcoming vacancy on the New Mexico Supreme Court.
- [NM Supreme Court upholds warrantless arrest of shoplifting suspect](https://nmappellatelaw.com/nm-supreme-court-upholds-warrantless-arrest-of-shoplifting-suspect/) - The New Mexico Supreme Court has held that exigent circumstances justified the warrantless arrest of a shoplifting suspect.
- [Tips and useful data on NM Supreme Court practice](https://nmappellatelaw.com/tips-and-useful-data-on-nm-supreme-court-practice/) - Justice Richard Bosson and Joey Moya, the Clerk of the Court, shared some useful data and practice tips about the New Mexico Supreme Court at the 26th Annual New Mexico Appellate Practice Institute.
- [Tenth Circuit upholds Oklahoma death sentence](https://nmappellatelaw.com/tenth-circuit-upholds-oklahoma-death-sentence/) - The Tenth Circuit rejected Scott Eizember's challenge to the death sentence imposed on him by the State of Oklahoma.
- [Federal Bar Association to host former Congressman Mickey Edwards on September 24](https://nmappellatelaw.com/federal-bar-association-to-host-former-congressman-mickey-edwards-on-september-24/) - The New Mexico Chapter of the Federal Bar Association will host former Congressman Mickey Edwards at a luncheon on Thursday, September 24, from 11:30 a.m. to 1:00 p.m. at the Hotel Andaluz in Albuquerque. Edwards will give a talk called "Does Anyone Still Care About the Constitution?" You can obtain registration information from this brochure.
- [Convictions upheld in 2010 murder of Albuquerque teenager](https://nmappellatelaw.com/convictions-upheld-in-2010-murder-of-albuquerque-teenager/) - The New Mexico Supreme Court has upheld William Pagan-Rivera's convictions for murdering 18-year-old Dwayne Johnson in Albuquerque in November 2010.
- [NM Court of Appeals: Party defaulted as a discovery sanction may still contest amount of damages](https://nmappellatelaw.com/nm-court-of-appeals-party-defaulted-as-a-discovery-sanction-may-still-contest-amount-of-damages/) - The New Mexico Court of Appeals holds that a party hit with a default judgment for discovery failures may still contest the amount of damages.
- [Watch Justice Kagan speak at Harvard Law School](https://nmappellatelaw.com/watch-justice-kagan-speak-at-harvard-law-school/) - Watch a conversation between Justice Elena Kagan and Martha Minow, dean of Harvard Law School.
- [Charlie Rose interviews Justice Breyer](https://nmappellatelaw.com/charlie-rose-interviews-justice-breyer/) - Charlie Rose interviews Justice Stephen Breyer about his new book, The Court and the World: American Law and the New Global Realities.
- [NM Court of Appeals: Los Lunas has standing to challenge Valencia County's decision re hospital](https://nmappellatelaw.com/nm-court-of-appeals-los-lunas-has-standing-to-challenge-valencia-countys-decision-re-hospital/) - The New Mexico Court of Appeals has revived Los Lunas' challenge to Valencia County's decision paving the way for a hospital to be built in Belen.
- [Justice Bosson to speak at Albuquerque Bar Association on October 6](https://nmappellatelaw.com/justice-bosson-to-speak-at-albuquerque-bar-association-on-october-6/) - Justice Bosson will give a talk on his "Reflections from the Bench" during the October 6, 2015 luncheon meeting of the Albuquerque Bar Association.
- [Here's the Summer 2015 edition of "Appellate Issues"](https://nmappellatelaw.com/heres-the-summer-2015-edition-of-appellate-issues/) - The Summer 2015 of "Appellate Issues" is out, and contains articles focusing on the appellate record.
- [I'm back!](https://nmappellatelaw.com/im-back/) - I am restarting the New Mexico Appellate Blog, after serving for over a year as a judge on the New Mexico Court of Appeals
- [City of Bloomfield asks 10th Circuit to allow it to display Ten Commandments](https://nmappellatelaw.com/city-of-bloomfield-asks-10th-circuit-to-allow-it-to-display-ten-commandments/) - The Tenth Circuit heard oral argument in the City of Bloomfield's effort to overturn an order preventing it from displaying a Ten Commandments monument on city property.
- [Tenth Circuit hears oral argument in former Sheriff Thomas Rodella's road rage case](https://nmappellatelaw.com/tenth-circuit-hears-oral-argument-in-former-sheriff-thomas-rodellas-road-rage-case/) - The Tenth Circuit heard oral argument in ex-Rio Arriba County Sheriff Thomas Rodella's appeal from his convictions arising from a road rage incident.
- [Tenth Circuit hears arguments about Pojoaque Pueblo gambling pact](https://nmappellatelaw.com/tenth-circuit-hears-arguments-about-pojoaque-pueblo-gambling-pact/) - The Tenth Circuit heard oral argument in Pojoaque Pueblo's dispute with New Mexico over a gambling pact.
- [Governor Martinez files amicus brief in SCOTUS labor union case](https://nmappellatelaw.com/governor-martinez-files-amicus-brief-in-scotus-labor-union-case/) - Governor Susana Martinez has filed an amicus curiae in the U.S. Supreme Court in a case involving the intersection of labor law and the First Amendment.
- [Commission selects four applicants for NM Supreme Court](https://nmappellatelaw.com/commission-selects-four-applicants-for-nm-supreme-court/) - The Judicial Nominating Commission sends names of four NM Supreme Court applicants to Governor Martinez.
- [NM Supreme Court: Aerial surveillance without warrant violates 4th Amendment](https://nmappellatelaw.com/nm-supreme-court-aerial-surveillance-without-warrant-violates-4th-amendment/) - The New Mexico Supreme Court has held that aerial surveillance constitutes a search that requires a warrant under the Fourth Amendment.
- [Prof. Volokh on the New Mexico aerial surveillance decision](https://nmappellatelaw.com/prof-volokh-on-the-new-mexico-aerial-surveillance-decision/) - Prof. Eugene Volokh has commentary on the New Mexico Supreme Court's aerial surveillance decision at the Volokh Conspiracy.
- [Is Judge Nakamura the favorite to obtain the NM Supreme Court appointment?](https://nmappellatelaw.com/is-judge-nakamura-the-favorite-to-obtain-the-nm-supreme-court-appointment/) - Joe Monahan asks that question on his blog, New Mexico Politics with Joe Monahan, and sets forth reasons why she could be an attractive candidate for the Republican Party in the 2016 general election.
- [10th Circuit: Bernalillo County deputies must face trial on excessive force claims](https://nmappellatelaw.com/10th-circuit-bernalillo-county-deputies-must-face-trial-on-excessive-force-claims/) - The Tenth Circuit has held that a Bernalillo County sheriff's deputy is liable for wrongful arrest, and that several deputes must stand trial for use of excessive force, where they are accused of pointing guns at members of a family, including children.
- [Chief Justice Vigil speaks at Eastern NM University](https://nmappellatelaw.com/chief-justice-vigil-speaks-at-eastern-nm-university/) - Chief Justice Barbara Vigil spoke yesterday at Eastern New Mexico University in Portales.
- [NM Supreme Court to hear assisted suicide case this morning](https://nmappellatelaw.com/nm-supreme-court-to-hear-assisted-suicide-case-this-morning/) - The New Mexico Supreme Court will hear oral argument today in the assisted suicide case, Morris v. Brandenburg.
- ["Justices Grill Attorneys in New Mexico Assisted Suicide Case"](https://nmappellatelaw.com/justices-grill-attorneys-in-new-mexico-assisted-suicide-case/) - The New Mexico Supreme Court heard oral argument in a case seeking to legalize assisted suicide.
- [The Frezza case: does it threaten New Mexicans' ability to obtain medical care in Texas?](https://nmappellatelaw.com/the-frezza-case-does-it-threaten-new-mexicans-ability-to-obtain-medical-care-in-texas/) - The case of Montano v. Frezza will examine the extent to which Texas physicians who provide care in Texas to New Mexico residents may be sued in New Mexico.
- [Former Sheriff Thomas Rodella loses appeal in Tenth Circuit](https://nmappellatelaw.com/former-sheriff-thomas-rodella-loses-appeal-in-tenth-circuit/) - The Tenth Circuit has affirmed the convictions of the former sheriff of Rio Arriba County, New Mexico, for wrongful arrest and use of excessive force stemming from a road rage incident
- ["Justice Bosson ends 21 years on the bench"](https://nmappellatelaw.com/justice-bosson-ends-21-years-on-the-bench/) - Justice Richard Bosson officially retired this past weekend.
- [10th Circuit: Master limited partnership has citizenship of all its unitholders for diversity purposes](https://nmappellatelaw.com/10th-circuit-master-limited-partnership-has-citizenship-of-all-its-unitholders-for-diversity-purposes/) - The Tenth Circuit has held that a master limited partnership's citizenship for diversity jurisdiction purposes is that of all its unitholders.
- [U.S. Supreme Court will hear Little Sisters of the Poor case](https://nmappellatelaw.com/u-s-supreme-court-will-hear-little-sisters-of-the-poor-case/) - The U.S. Supreme Court will review the Little Sisters of the Poor's challenge to the accommodation procedure of the federal contraceptive mandate.
- [NM Court of Appeals: Lender failed to establish standing to foreclose](https://nmappellatelaw.com/nm-court-of-appeals-lender-failed-to-establish-standing-to-foreclose/) - 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 in BAC Home Loans Servicing LP v. Smith, holding (in an opinion by Judge Zamora)
- [10th Circuit: Magistrate in one district can't authorize search in another](https://nmappellatelaw.com/10th-circuit-magistrate-in-one-district-cant-authorize-search-in-another/) - The Tenth Circuit has held that a magistrate judge in one district cannot authorize a search warrant to be executed in another district.
- [NM Supreme Court strikes down law that provides free textbooks to private school students](https://nmappellatelaw.com/nm-supreme-court-strikes-down-law-allowing-state-to-provide-free-textbooks-to-private-school-students/) - The New Mexico Supreme Court struck down as unconstitutional a state statute which authorized the Public Education Department to provide free, secular textbooks to private school students.
- [Judge Judith Nakamura appointed to the New Mexico Supreme Court](https://nmappellatelaw.com/judge-judith-nakamura-appointed-to-the-new-mexico-supreme-court/) - Governor Susana Martinez has appointed Judge Judith Nakamura to the New Mexico Supreme Court, creating the first-ever majority of women on our state's high court.
- [The lawsuit challenging Judge Nakamura's appointment to the NM Supreme Court lacks merit](https://nmappellatelaw.com/the-lawsuit-challenging-judge-nakamuras-appointment-to-the-nm-supreme-court-lacks-merit/) - Stuart Stein has filed suit to challenge the recent appointment to the New Mexico Supreme Court, but his claim lacks merit.
- [NM Court of Appeals clarifies standards for reverse discrimination claims](https://nmappellatelaw.com/nm-court-of-appeals-clarifies-standards-for-reverse-discrimination-claims/) - The New Mexico Court of Appeals declined to impose a higher standard on reverse discrimination claims than is needed to prove an ordinary discrimination claim.
- [Swearing-in ceremony for Justice Nakamura on December 11](https://nmappellatelaw.com/swearing-in-ceremony-for-justice-nakamura-on-december-11/) - Judith Nakamura will be sworn in as the newest justice of the New Mexico Supreme Court on Friday, December 11 in Albuquerque.
- [Court rejects challenge to Justice Nakamura's appointment to NM Supreme Court](https://nmappellatelaw.com/court-rejects-challenge-to-justice-nakamuras-appointment-to-nm-supreme-court/) - A state district court judge dismissed a challenge to the constitutionality of Justice Judith Nakamura's appointment to the New Mexico Supreme Court.
- [GOP legislators ask NM Supreme Court to reconsider strict criminal case deadlines](https://nmappellatelaw.com/gop-legislators-ask-nm-supreme-court-to-reconsider-strict-criminal-case-deadlines/) - Republican lawmakers have asked the New Mexico Supreme Court to relax strict deadlines for criminal cases being prosecuted in Bernalillo County.
- [Justice Nakamura's swearing-in ceremony](https://nmappellatelaw.com/justice-nakamuras-swearing-in-ceremony/) - Justice Judith Nakamura was sworn in as the newest member of the New Mexico Supreme Court on Friday, December 11, 2015.
- [Planned Parenthood appeals to 10th Circuit from ruling allowing Utah to cut off funds](https://nmappellatelaw.com/planned-parenthood-appeals-to-10th-circuit-from-ruling-allowing-utah-to-cut-off-funds/) - Planned Parenthood will ask the Tenth Circuit to reverse a federal judge's ruling upholding Utah's decision to defund the organization.
- [My most popular posts of 2015](https://nmappellatelaw.com/my-most-popular-posts-of-2015/) - The most popular posts on the New Mexico Appellate Law Blog from 2015.
- [Supreme Court asked to review Oklahoma license plate compelled speech case](https://nmappellatelaw.com/supreme-court-asked-to-review-oklahoma-license-plate-compelled-speech-case/) - The Supreme Court has been asked to review the Tenth Circuit's decision rejecting the claims of a man who objecting to Oklahoma's license plate on compelled speech grounds.
- [NM Supreme Court denies Belen's hospital appeal](https://nmappellatelaw.com/nm-supreme-court-denies-belens-hospital-appeal/) - The New Mexico Supreme Court has denied the City of Belen's petition to review a Court of Appeals decision holding that Los Lunas has standing to challenge Valencia County's decision to locate a hospital in Belen.
- [Deadline to apply for vacant NM Court of Appeals seat is January 19](https://nmappellatelaw.com/deadline-to-apply-for-vacant-nm-court-of-appeals-seat-is-january-19/) - Applications to fill the vacant seat on the New Mexico Court of Appeals caused by Judge Cynthia Fry's retirement are due on January 19, 2016.
- [Tenth Circuit rejects architectural copyright infringement claim](https://nmappellatelaw.com/tenth-circuit-rejects-architectural-copyright-infringement-claim/) - The Tenth Circuit rejected an architectural copyright infringement claim because the plaintiff failed to prove that its home design contained any protectable elements.
- [Tenth Circuit upholds rafting company's liability waiver in wrongful death case](https://nmappellatelaw.com/tenth-circuit-upholds-rafting-companys-liability-waiver-in-wrongful-death-case/) - The Tenth Circuit upheld summary judgment in favor of a whitewater rafting company because the plaintiff signed a waiver of liability, which are valid in Colorado.
- [10th Circuit: Arbitration agreement did not allow plaintiff effective vindication of rights](https://nmappellatelaw.com/10th-circuit-arbitration-agreement-did-not-allow-plaintiff-effective-vindication-of-rights/) - The Tenth Circuit has affirmed a lower court's rejection of an arbitration agreement because it did not allow a plaintiff to effectively vindicate her rights, because she could not afford the required arbitration fees.
- ["Our lovely Supreme Court Building" in Santa Fe](https://nmappellatelaw.com/our-lovely-supreme-court-building-in-santa-fe/) - Paul Weideman has this story in the Santa Fe New Mexican about our Supreme Court's distinctive building in Santa Fe, which was built in 1937 by the Public Works Administration as part of the New Deal. The story also includes some nice photos of the building's exterior and interior. The story quotes Justice Charles Daniels,
- ["NM vs. Texas -- Whose law wins?"](https://nmappellatelaw.com/nm-vs-texas-whose-law-wins/) - Scott Sandlin of the Albuquerque Journal has an article about Montaño v. Frezza, in which the NM Supreme Court is considering whether physicians who work for the State of Texas can be sued in New Mexico state courts.
- [10th Circuit rules against officers who allegedly procured false confession from mentally disabled man](https://nmappellatelaw.com/10th-circuit-rules-against-officers-who-allegedly-procured-false-confession-from-mentally-disabled-man/) - The Tenth Circuit held that a mentally disabled plaintiff adequately pled a claim against police officers who allegedly procured a false confession from him.
- [10th Circuit rejects habeas claim in Ryder death penalty case](https://nmappellatelaw.com/10th-circuit-rejects-habeas-claim-in-ryder-death-penalty-case/) - 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 had acquired in anticipation of the catastrophe, but they had a dispute with him and
- [Valerie Plame to speak at NM State Bar on January 19](https://nmappellatelaw.com/valerie-plame-to-speak-at-nm-state-bar-on-january-19/) - Former CIA officer Valerie Plame will speak on national security issues at the New Mexico State Bar Center in Albuquerque on January 19.
- [Three apply for vacant seat on NM Court of Appeals](https://nmappellatelaw.com/three-apply-for-vacant-seat-on-nm-court-of-appeals/) - Three lawyers have applied to fill the New Mexico Court of Appeals seat that Judge Cynthia Fry vacated at the end of 2015.
- ["Editorial: Subjecting out-of-state M.D.s to NM law risky"](https://nmappellatelaw.com/editorial-subjecting-out-of-state-m-d-s-to-nm-law-risky/) - The Albuquerque Journal has published an editorial expressing fears that a decision for the plaintiff in Montano v. Frezza will harm many New Mexicans' ability to obtain medical care in Texas.
- [Tenth Circuit "judges press Utah about polygamy ban in 'Sister Wives' case"](https://nmappellatelaw.com/tenth-circuit-judges-press-utah-about-polygamy-ban-in-sister-wives-case/) - The Tenth Circuit heard oral argument in a case challenging parts of a Utah state law banning polygamy.
- [Panel sends all three Court of Appeals applicants to Governor Martinez](https://nmappellatelaw.com/panel-sends-all-three-court-of-appeals-applicants-to-governor-martinez/) - The Judicial Nominating Commission has sent the names of all three applicants for the vacant seat on the New Mexico Court of Appeals to Governor Susana Martinez.
- [Tenth Circuit rejects challenge to donor disclosure requirement in Colorado election law](https://nmappellatelaw.com/tenth-circuit-rejects-challenge-to-donor-disclosure-requirement-in-colorado-election-law/) - The Tenth Circuit has rejected a First Amendment challenge to a Colorado law requiring donor disclosure with respect to advertisements that mention a candidate's name right before an election.
- [Justice Antonin Scalia, RIP](https://nmappellatelaw.com/justice-antonin-scalia-rip/) - Justice Scalia passed away on Saturday, and the internet is now full of remembrances of him, and evaluations of his highly influential career. I won't attempt to add to this extensive body of commentary. I'll just say that while legal writing can sometimes be dull or even sleep-inducing, Justice Scalia's opinions were more like a
- [NM Court of Appeals: Man who shot friend through front door entitled to self-defense instruction](https://nmappellatelaw.com/nm-court-of-appeals-man-who-shot-friend-through-front-door-entitled-to-self-defense-instruction/) - The New Mexico Court of Appeals has held that a defendant who shot a man who was banging on the door of his home during the night was entitled to a self-defense instruction.
- [NM Supreme Court censures judge for ex parte communication](https://nmappellatelaw.com/nm-supreme-court-censures-judge-for-ex-part-communication/) - The New Mexico Supreme Court has censured a Santa Fe trial judge for an ex parte communication with a lawyer.
- [Failure to provide written jury instructions in Spanish did not doom conviction, says NM Court of Appeals](https://nmappellatelaw.com/failure-to-provide-written-jury-instructions-in-spanish-did-not-doom-conviction-says-nm-court-of-appeals/) - The New Mexico Court of Appeals has held that a non-English speaking juror is not entitled to written jury instructions translated into his or her native language, provided that an interpreter is present who can translate the instructions as needed.
- [Breaking: Gov. Martinez appoints Stephen French to NM Court of Appeals](https://nmappellatelaw.com/breaking-stephen-french-appointed-to-nm-court-of-appeals/) - Governor Susana Martinez has appointed respected Albuquerque lawyer Stephen French to the New Mexico Court of Appeals.
- [NM Supreme Court stays decision extending workers' comp to farm and ranch workers](https://nmappellatelaw.com/nm-supreme-court-stays-decision-extending-workers-comp-to-farm-and-ranch-workers/) - The New Mexico Supreme Court has stayed a decision striking down a statute which excludes farm and ranch laborers from the workers' compensation system.
- [NM Supreme Court: Traditional indemnity unavailable in comparative fault cases](https://nmappellatelaw.com/nm-supreme-court-traditional-indemnity-unavailable-in-comparative-fault-cases/) - The New Mexico Supreme Court has held that traditional indemnification is unavailable in comparative fault cases involving an active tortfeasor.
- [Stephen French sworn in as a New Mexico Court of Appeals judge](https://nmappellatelaw.com/stephen-french-sworn-in-as-a-new-mexico-court-of-appeals-judge/) - On Friday, February 19, 2016, Stephen French was sworn in as a judge of the New Mexico Court of Appeals.
- [NM Court of Appeals: Statutes mean what they say](https://nmappellatelaw.com/nm-court-of-appeals-statutes-mean-what-they-say/) - In two cases decided last week, the New Mexico Court of Appeals has decided that statutes mean what they say.
- [Have lunch with Justice Nakamura](https://nmappellatelaw.com/have-lunch-with-justice-nakamura/) - The Appellate Practice Section will host a brown-bag lunch with Justice Judith K. Nakamura on March 4 at the State Bar Center in Albuquerque.
- [10th Circuit upholds Colorado's "Amazon" tax reporting statute](https://nmappellatelaw.com/10th-circuit-upholds-colorados-amazon-tax/) - The Tenth Circuit has upheld a Colorado statute imposing notice and reporting obligations on online retailers against a Dormant Commerce Clause challenge.
- [Justice Nakamura issues her first two opinions for the NM Supreme Court](https://nmappellatelaw.com/justice-nakamura-issues-her-first-two-opinions-for-the-nm-supreme-court/) - Justice Judith Nakamura has issued her first two opinions for the New Mexico Supreme Court.
- ["Feds: Jemez Pueblo abandoned claim to Valles Caldera"](https://nmappellatelaw.com/feds-jemez-pueblo-abandoned-claim-to-valles-caldera/) - The United States has moved to dismiss Jemez Pueblo's lawsuit seeking ownership of the Valles Caldera, arguing that it is barred by the statute of limitations.
- [Help the NM Court of Appeals celebrate its 50th Anniversary on April 1](https://nmappellatelaw.com/help-the-nm-court-of-appeals-celebrate-its-50th-anniversary-on-april-1/) - The New Mexico Court of Appeals will host a reception on Friday, April 1 to celebrate the 50th Anniversary of its existence.
- [Former NM AG Hal Stratton explains why "civil asset forfeiture is wrong"](https://nmappellatelaw.com/former-nm-ag-hal-stratton-explains-why-civil-asset-forfeiture-is-wrong/) - he Cato Institute has published an interview with former New Mexico Attorney General Hal Stratton, discussing our state's elimination of civil asset forfeiture.
- [Read the March 2016 edition of "Appellate Issues."](https://nmappellatelaw.com/read-the-march-2016-edition-of-appellate-issues/) - The March 2016 edition of "Appellate Issues" is now available.
- [Exemplary legal writing from 2015](https://nmappellatelaw.com/exemplary-legal-writing-from-2015/) - The Green Bag has published a list of its exemplary legal writing honorees from 2015.
- [Save the date for the 10th Circuit's 2016 Bench & Bar Conference](https://nmappellatelaw.com/save-the-date-for-the-10th-circuits-2016-bench-bar-conference/) - The Tenth Circuit has announced that it will hold its Bench & Bar Conference from August 31 through September 3, 2016 at The Broadmoor resort in Colorado Springs.
- [New Mexico Court of Appeals celebrates 50th anniversary](https://nmappellatelaw.com/new-mexico-court-of-appeals-celebrates-50th-anniversary/) - The New Mexico Court of Appeals celebrated its 50th Anniversary on Friday, April 1, 2016.
- [10th Circuit reduces $25.5 million punitive award to $1.95 million](https://nmappellatelaw.com/10th-circuit-reduces-25-5-million-punitive-award-to-1-95-million/) - The Tenth Circuit issued a significant decision on punitive damages in a personal injury case, reducing an unconstitutionally excessive award to a one-to-one ratio with the compensatory damages award.
- [Stephen French's investiture as a judge on the NM Court of Appeals to be held on April 21](https://nmappellatelaw.com/stephen-frenchs-investiture-as-a-judge-on-the-nm-court-of-appeals-to-be-held-on-april-21/) - Stephen French's investiture as a judge on the New Mexico Court of Appeals will occur on Thursday, April 21, 2016, in Albuquerque.
- [10th Circuit orders "Sister Wives" polygamy case dismissed as moot](https://nmappellatelaw.com/10th-circuit-orders-sister-wives-case-dismissed-as-moot/) - The Tenth Circuit has dismissed as moot reality television star Kody Brown's constitutional challenge to Utah's anti-bigamy law.
- [Daniels sworn in as Chief Justice of the New Mexico Supreme Court](https://nmappellatelaw.com/daniels-sworn-in-as-chief-justice-of-the-new-mexico-supreme-court/) - Charles Daniels has been sworn in for a second term as Chief Justice of the New Mexico Supreme Court.
- [NM Supreme Court: State agencies aren't immune from -- USERRA claims by national guard members](https://nmappellatelaw.com/nm-supreme-court-state-agencies-arent-immune-from-userra-claims/) - The New Mexico Supreme Court has ruled that state agencies do not enjoy immunity from claims brought by national guardsmen under the Uniformed Services Employment and Reemployment Rights Act.
- [Federalist Society will host Ilya Shapiro in Albuquerque on May 12](https://nmappellatelaw.com/federalist-society-talk-in-albuquerque-on-the-scalia-legacy-and-the-future-of-the-u-s-supreme-court/) - The Federalist Society, New Mexico Lawyers Chapter, will host a talk by Ilya Shapiro of the Cato Institute in Albuquerque on May 12. Mr. Shapiro will speak on "The Scalia Legacy and the Future of the U.S. Supreme Court."
- [ABA Criminal Justice Section to meet in Albuquerque on April 28-30](https://nmappellatelaw.com/aba-criminal-justice-section-to-meet-in-albuquerque-on-april-28-30/) - The ABA's Criminal Justice Section will hold its Spring 2016 meeting in Albuquerque, with a focus on neuroscience. Chief Justice Daniels of the NM Supreme Court will deliver a luncheon address, and Roberta Cooper Ramo will give the keynote address.
- [Former Justice Patricio Serna to deliver commencement address at WNMU](https://nmappellatelaw.com/former-justice-patricio-serna-to-deliver-commencement-address-at-wnmu/) - Former Justice Patricio M. Serna of the New Mexico Supreme Court will deliver the commencement address at Western New Mexico University.
- [Tenth Circuit Conference will host Justices Sotomayor and Kagan](https://nmappellatelaw.com/tenth-circuit-conference-will-host-justices-sotomayor-and-kagan/) - The schedule for the 2016 Tenth Circuit Bench and Bar Conference features U.S. Supreme Court Justices Sonia Sotomayor and Elena Kagan.
- [10th Circuit declines to revisit Utah polygamy decision](https://nmappellatelaw.com/10th-circuit-declines-to-revisit-utah-polygamy-decision/) - The Tenth Circuit has denied en banc review in the "Sister Wives" polygamy case.
- [NM Supreme Court: Fraudulent concealment doctrine applies to wrongful death claims](https://nmappellatelaw.com/nm-supreme-court-fraudulent-concealment-doctrine-applies-to-wrongful-death-claims/) - The New Mexico Supreme Court has held that the doctrine of fraudulent concealment can toll the statute of limitations for wrongful death claims.
- [Have lunch with Chief Judge Michael Vigil](https://nmappellatelaw.com/have-lunch-with-chief-judge-michael-vigil/) - The New Mexico State Bar Appellate Practice Section will be hosting a brown-bag lunch with Chief Judge Michael Vigil of the New Mexico Court of Appeals on Friday, June 10, 2016 at noon at the State Bar Center in Albuquerque.
- [NM Supreme Court: Flat fees for contract public defenders don't violate right to effective assistance](https://nmappellatelaw.com/nm-supreme-court-flat-fees-for-contract-public-defenders-dont-violate-right-to-effective-assistance/) - The New Mexico Supreme Court has held that flat fees for contract public defenders do not per se violate a criminal defendant's right to effective assistance of counsel.
- [NM Court of Appeals: Police not immune from loss of consortium claims](https://nmappellatelaw.com/nm-court-of-appeals-police-not-immune-from-loss-of-consortium-claims/) - The New Mexico Court of Appeals has held that the Tort Claims Act waives the immunity of law enforcement officers for loss of consortium claims.
- [Tenth Circuit: Hot dispute over Hatch chile trademark case leads to ruling that documents may be obtained from non-parties without a deposition](https://nmappellatelaw.com/tenth-circuit-hot-dispute-over-hatch-chile-trademark-case-leads-to-ruling-that-documents-may-be-obtained-from-non-parties-without-a-deposition/) - The Tenth Circuit has held that parties who subpoena documents from third parties under Federal Rule of Civil Procedure 45 need not notice a deposition.
- [NM Supreme Court: Whistleblowers can't sue state officials in their personal capacities](https://nmappellatelaw.com/nm-supreme-court-whistleblowers-cant-sue-state-officials-in-their-personal-capacities/) - The New Mexico Supreme Court has held that state officers cannot be sued in their individual capacities under the Whistleblower Protection Act.
- [Former New Mexico Supreme Court Justice Dan Sosa, Jr. dies at 92](https://nmappellatelaw.com/former-new-mexico-supreme-court-justice-dan-sosa-jr-dies-at-92/) - Former New Mexico Supreme Court Justice Dan Sosa, Jr. passes away at 92.
- [Links to U.S. Supreme Court previews for OT 2016](https://nmappellatelaw.com/links-to-u-s-supreme-court-previews-for-ot-2016/) - Here's a roundup of links previewing the October 2016 term of the Supreme Court of the United States
- [Register for the NM Appellate Bench & Bar Conference on October 28](https://nmappellatelaw.com/register-for-the-nm-appellate-bench-bar-conference-on-october-28/) - Register for the 2016 New Mexico Appellate Bench & Bar Conference, which will be held on Friday, October 28 at the Supreme Court building in Santa Fe.
- [Interview with Judge Stephen French, Republican candidate for the NM Court of Appeals](https://nmappellatelaw.com/interview-with-judge-stephen-french-republican-candidate-for-the-nm-court-of-appeals/) - Interview with Judge Stephen French, Republican candidate for the New Mexico Court of Appeals.
- [Santa Fe New Mexican endorses Vigil, French for NM appellate courts](https://nmappellatelaw.com/santa-fe-new-mexican-endorses-vigil-french-for-nm-appellate-courts/) - The Santa Fe New Mexican has endorsed Chief Judge Michael Vigil for the New Mexico Supreme Court, and Judge Stephen French for the New Mexico Court of Appeals.
- [Albuquerque Journal endorses Nakamura, French for NM appellate judgeships](https://nmappellatelaw.com/albuquerque-journal-endorses-nakamura-french-for-nm-appellate-judgeships/) - The Albuquerque Journal has endorsed Justice Judith Nakamura for the New Mexico Supreme Court, and Judge Stephen French for the New Mexico Court of Appeals. Both Nakamura and French are the Republican candidates for those positions.
- [Roundup of links discussing the Gorsuch nomination](https://nmappellatelaw.com/roundup-of-links-discussing-the-gorsuch-nomination/) - Roundup of links discussing the Gorsuch nomination
- [Judge Linda Vanzi elected as Chief Judge of the New Mexico Court of Appeals](https://nmappellatelaw.com/judge-linda-vanzi-elected-as-chief-judge-of-the-new-mexico-court-of-appeals/) - Judge Linda M. Vanzi has been elected to serve as Chief Judge of the New Mexico Court of Appeals.
- [Investiture ceremony for Judge Julie Vargas to be held on February 17](https://nmappellatelaw.com/investiture-ceremony-for-judge-julie-vargas-to-be-held-on-february-17/) - The investiture ceremony for Judge Julie Vargas will be held on February 17.
- [Sen. Udall of New Mexico floats plan to confirm both Gorsuch and Garland to SCOTUS](https://nmappellatelaw.com/sen-udall-of-new-mexico-floats-plan-to-confirm-both-gorsuch-and-garland-to-scotus/) - Senator Tom Udall of New Mexico has proposed a plan to confirm both Judge Neil Gorsuch and Judge Merrick Garland to the U.S. Supreme Court.
- [Have lunch with Judge French of the NM Court of Appeals](https://nmappellatelaw.com/have-lunch-with-judge-french-of-the-nm-court-of-appeals/) - The Appellate Practice Section is hosting a brown-bag lunch with Judge Stephen French of the New Mexico Court of Appeals on Friday, March 3.
- [NM Supreme Court: Texas doctor's sovereign immunity will be upheld in medical malpractice case](https://nmappellatelaw.com/nm-supreme-court-texas-doctors-sovereign-immunity-will-be-upheld-in-medical-malpractice-case/) - The New Mexico Supreme Court has held that New Mexico courts will respect the sovereign immunity provided by Texas law to Texas medical providers who are state employees.
- [The investiture ceremony for Judge Henry Bohnhoff of the NM Court of Appeals will be held on March 20](https://nmappellatelaw.com/the-investiture-ceremony-for-judge-henry-bohnhoff-of-the-nm-court-of-appeals-will-be-held-on-march-20/) - An investiture ceremony for the newest member of the New Mexico Court of Appeals, Judge Henry "Hank" M. Bohnhoff, will be held on Monday, March 20, at 4:30 p.m. at the New Mexico Court of Appeals in Albuquerque.
- [Programming Note](https://nmappellatelaw.com/programming-note-2/) - I apologize that I haven't posted anything here in over a month. Over the past few weeks I've been experiencing technical difficulties which have caused the blog to be down entirely from time to time, and which have prevented me from posting anything. After much work on these problems, it looks like they are fixed,
- [Above the Law interviews New Mexico's chief disciplinary counsel](https://nmappellatelaw.com/above-the-law-interviews-new-mexicos-chief-disciplinary-counsel/) - David Lat of Above the Law interviews William Slease, chief disciplinary counsel for the New Mexico Supreme Court.
- [New Mexico's own Judge Harris Hartz on Justice Gorsuch](https://nmappellatelaw.com/new-mexicos-own-judge-harris-hartz-on-justice-gorsuch/) - "A Federal Judge Offers A Behind-The-Bench Look At Trump’s First Supreme Court Nominee"
- [10th Circuit rejects UNM student's First Amendment claim over anti-lesbian essay](https://nmappellatelaw.com/10th-circuit-rejects-unm-students-first-amendment-claim-over-anti-lesbian-essay/) - The Tenth Circuit has rejected a student's claim that the University of New Mexico penalized her in violation of her First Amendment rights for writing an essay critical of lesbianism.
- [U.S. District Court to host premiere of a documentary: "Taming New Mexico"](https://nmappellatelaw.com/u-s-district-court-to-host-premiere-of-a-documentary-taming-new-mexico/) - The federal district court in Albuquerque will host the premiere of "Taming New Mexico," a documentary film about the history of New Mexico's legal system, on May 10, 2017.
- [10th Circuit rejects Osage tribal members' claim that trust accounting should have covered longer time period](https://nmappellatelaw.com/10th-circuit-rejects-osage-tribal-members-claim-that-trust-accounting-should-have-covered-longer-time-period/) - 10th Circuit rejects Osage tribal members' claim that trust accounting should have covered longer time period
- [Legislature petitions NM Supreme Court to overturn Governor's budget vetoes](https://nmappellatelaw.com/legislature-petitions-nm-supreme-court-to-overturn-governors-budget-vetoes/) - The New Mexico Legislature has asked the New Mexico Supreme Court to overturn some of Governor Susana Martinez's budget vetoes.
- [NM Supreme Court to hear writ petition challenging Governor Martinez's budget vetoes](https://nmappellatelaw.com/nm-supreme-court-to-hear-writ-petition-challenging-governor-martinezs-budget-vetoes/) - The New Mexico Supreme Court will hear the Legislature's challenge to Governor Susana Martinez's budget vetoes on May 15.
- [10th Circuit denies rehearing in case involving student essay that criticized lesbianism](https://nmappellatelaw.com/10th-circuit-denies-rehearing-in-case-involving-student-essay-that-criticized-lesbianism/) - Tenth Circuit denies rehearing en banc in case where student alleged she was penalized for anti-lesbian essay.
- [Tenth Circuit upholds New Mexico's challenge to DOI Indian gaming regulations](https://nmappellatelaw.com/tenth-circuit-upholds-new-mexicos-challenge-to-doi-indian-gaming-regulations/) - The Tenth Circuit has upheld New Mexico's challenge to the Department of the Interior's Part 291 regulations on Indian gaming.
- [Electronic filing is now available at the New Mexico Supreme Court!](https://nmappellatelaw.com/electronic-filing-is-now-available-at-the-new-mexico-supreme-court/) - Electronic filing is now available at the New Mexico Supreme Court, and will become mandatory on July 1, 2017.
- [Tenth Circuit Judge Paul Kelly to take senior status.](https://nmappellatelaw.com/tenth-circuit-judge-paul-kelly-to-take-senior-status/) - Judge Paul Kelly of the Tenth Circuit will take senior status, thus opening another federal appellate court seat for President Trump to fill.
- [10th Cir. Chief Judge Tymkovich speaks on judicial independence at University of Chicago.](https://nmappellatelaw.com/10th-cir-chief-judge-tymkovich-speaks-on-judicial-independence-at-university-of-chicago/) - Recently, Tenth Circuit Chief Judge Timothy Tymkovich spoke at the University of Chicago Law School on "Judicial Independence From Jay to Roberts." Here is a report on his talk. Hat tip to How Appealing.
- [Have lunch with Judge Vargas of the NM Court of Appeals](https://nmappellatelaw.com/have-lunch-with-judge-vargas-of-the-nm-court-of-appeals/) - Tomorrow, Friday, June 2, the Appellate Practice Section of the New Mexico State Bar will host a brown-bag lunch with Judge Julie Vargas of the New Mexico Court of Appeals. This is an opportunity to learn more about the Court of Appeals, and ask any questions you may have. The lunch begins at noon tomorrow,
- [Nakamura sworn in as New Mexico's Chief Justice](https://nmappellatelaw.com/nakamura-sworn-in-as-new-mexicos-chief-justice/) - Yesterday, Judith Nakamura was sworn in as the Chief Justice of the New Mexico Supreme Court.
- [NMSC: Tort Claims Act waives sovereign immunity for loss of consortium claims](https://nmappellatelaw.com/nmsc-tort-claims-act-waives-sovereign-immunity-for-loss-of-consortium-claims/) - 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 of a man who was shot and killed by Albuquerque police. Justice Chávez's opinion for
- [Save the date for the 2017 New Mexico Appellate Practice Institute](https://nmappellatelaw.com/save-the-date-for-the-2017-new-mexico-appellate-practice-institute/) - The 2017 New Mexico Appellate Practice Institute will be held on Friday, September 15 at the State Bar Center in Albuquerque.
- [Register now for the 2017 New Mexico Appellate Practice Institute](https://nmappellatelaw.com/register-now-for-the-2017-new-mexico-appellate-practice-institute/) - Registration is now open for the 2017 New Mexico Appellate Practice Institute.
- [NMCA: Corpus delicti rule satisfied by circumstantial evidence](https://nmappellatelaw.com/nmca-corpus-delicti-rule-satisfied-by-circumstantial-evidence/) - 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 the victim. No one (except the defendant) witnessed the accident, and the victim was found
- [E-filing starts at the New Mexico Court of Appeals on August 21!](https://nmappellatelaw.com/e-filing-starts-at-the-new-mexico-court-of-appeals-on-august-21/) - E-filing at the New Mexico Court of Appeals begins on Monday, August 21.
- [RIP: Former New Mexico Supreme Court Justice Dan Sisk](https://nmappellatelaw.com/rip-former-new-mexico-supreme-court-justice-dan-sisk/) - I regret to report that former Justice Daniel A. Sisk, who served on the New Mexico Supreme Court in 1970, has passed away. Mr. Sisk was also a "name" partner at my law firm. Unfortunately, I never had the opportunity to practice with him, but many of my colleagues did, and they say that he

## Pages

- [Resources](https://nmappellatelaw.com/resources/) - The following are links to informative blogs that I read on a daily basis: Legal, New Mexico

## Categories

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- [EEOC v. TriCore Reference Laboratories](https://nmappellatelaw.com/tag/eeoc-v-tricore-reference-laboratories/)
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- [State v. Valdez](https://nmappellatelaw.com/tag/state-v-valdez/)
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- [Restrictive Covenants](https://nmappellatelaw.com/tag/restrictive-covenants/)
- [Strausberg v. Laurel Healthcare Providers](https://nmappellatelaw.com/tag/strausberg-v-laurel-healthcare-providers/)
- [Nettles v. Ticonderoga Owners' Association](https://nmappellatelaw.com/tag/nettles-v-ticonderoga-owners-association/)
- [Palenick v. City of Rio Rancho](https://nmappellatelaw.com/tag/palenick-v-city-of-rio-rancho/)
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- [Mandamus](https://nmappellatelaw.com/tag/mandamus/)
- [Griego v. Oliver](https://nmappellatelaw.com/tag/griego-v-oliver/)
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- [Amicus Curiae](https://nmappellatelaw.com/tag/amicus-curiae/)
- [Holzem v. Presbyterian Healthcare Services](https://nmappellatelaw.com/tag/holzem-v-presbyterian-healthcare-services/)
- [Livingston v. Environmental Earthscapes](https://nmappellatelaw.com/tag/livingston-v-environmental-earthscapes/)
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- [Due Process](https://nmappellatelaw.com/tag/due-process/)
- [Cordova v. Cline](https://nmappellatelaw.com/tag/cordova-v-cline/)
- [Ineffective Assistance](https://nmappellatelaw.com/tag/ineffective-assistance/)
- [State v. Favela](https://nmappellatelaw.com/tag/state-v-favela/)
- [Jury Service](https://nmappellatelaw.com/tag/jury-service/)
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- [Diversey v. Schmidly](https://nmappellatelaw.com/tag/diversey-v-schmidly/)
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- [THI of New Mexico at Hobbs Center LLC v. Patton](https://nmappellatelaw.com/tag/thi-of-new-mexico-at-hobbs-center-llc-v-patton/)
- [Myers v. Armstrong](https://nmappellatelaw.com/tag/myers-v-armstrong/)
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- [Silva v. Lovelace Health System Inc.](https://nmappellatelaw.com/tag/silva-v-lovelace-health-system-inc/)
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- [Firstenberg v. Monribot](https://nmappellatelaw.com/tag/firstenberg-v-monribot/)
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- [Turner v. First New Mexico Bank](https://nmappellatelaw.com/tag/turner-v-first-new-mexico-bank/)
- [Jess Bravin](https://nmappellatelaw.com/tag/jess-bravin/)
- [Gila Resources Information Project v. N.M. Water Quality Control Commission](https://nmappellatelaw.com/tag/gila-resources-information-project-v-n-m-water-quality-control-commission/)
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- [Prof. Renee Lettow Lerner](https://nmappellatelaw.com/tag/prof-renee-lettow-lerner/)
- [Flores v. Herrera](https://nmappellatelaw.com/tag/flores-v-herrera/)
- [Whistleblower Protection Act](https://nmappellatelaw.com/tag/whistleblower-protection-act/)
- [Nixon v. City and County of Denver](https://nmappellatelaw.com/tag/nixon-v-city-and-county-of-denver/)
- [New Mexico Foundation for Open Government](https://nmappellatelaw.com/tag/new-mexico-foundation-for-open-government/)
- [Lompe v. Sunridge Partners LLC](https://nmappellatelaw.com/tag/lompe-v-sunridge-partners-llc/)
- [Probation](https://nmappellatelaw.com/tag/probation/)
- [State v. Anthony Holt](https://nmappellatelaw.com/tag/state-v-anthony-holt/)
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- [Mootness](https://nmappellatelaw.com/tag/mootness/)
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- [Federal Jurisdiction](https://nmappellatelaw.com/tag/federal-jurisdiction/)
- [McCarran-Ferguson Act](https://nmappellatelaw.com/tag/mccarran-ferguson-act/)
- [Western Insurance Company v. A&H Insurance Inc.](https://nmappellatelaw.com/tag/western-insurance-company-v-ah-insurance-inc/)
- [Law Blogs](https://nmappellatelaw.com/tag/law-blogs/)
- [Cahn v. Berryman](https://nmappellatelaw.com/tag/cahn-v-berryman/)
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- [Vigil v. Public Employees Retirement Board](https://nmappellatelaw.com/tag/vigil-v-public-employees-retirement-board/)
- [Breaking Bad](https://nmappellatelaw.com/tag/breaking-bad/)
- [Loya v. Gutierrez](https://nmappellatelaw.com/tag/loya-v-gutierrez/)
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- [State v. Aide Zamora Sanchez](https://nmappellatelaw.com/tag/state-v-aide-zamora-sanchez/)
- [Colorado Outfitters Ass'n v. Hickenlooper](https://nmappellatelaw.com/tag/colorado-outfitters-assn-v-hickenlooper/)
- [Labor Law](https://nmappellatelaw.com/tag/labor-law/)
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- [Federal Preemption](https://nmappellatelaw.com/tag/federal-preemption/)
- [Appellate Mandate](https://nmappellatelaw.com/tag/appellate-mandate/)
- [Judge Nancy Moritz](https://nmappellatelaw.com/tag/judge-nancy-moritz/)
- [Cook v. Rockwell International Corp.](https://nmappellatelaw.com/tag/cook-v-rockwell-international-corp/)
- [Law of the Case](https://nmappellatelaw.com/tag/law-of-the-case/)
- [Equal Protection](https://nmappellatelaw.com/tag/equal-protection/)
- [State ex rel. Foy v. Austin Capital Management Ltd.](https://nmappellatelaw.com/tag/state-ex-rel-foy-v-austin-capital-management-ltd/)
- [Ex Post Facto](https://nmappellatelaw.com/tag/ex-post-facto/)
- [Class Actions](https://nmappellatelaw.com/tag/class-actions/)
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- [Municipal Law](https://nmappellatelaw.com/tag/municipal-law/)
- [Zoning Law](https://nmappellatelaw.com/tag/zoning-law/)
- [United States v. Elizabeth Kupfer](https://nmappellatelaw.com/tag/united-states-v-elizabeth-kupfer/)
- [Tax Evasion](https://nmappellatelaw.com/tag/tax-evasion/)
- [Jury Instructions](https://nmappellatelaw.com/tag/jury-instructions/)
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- [Judge Jimmie V. Reyna](https://nmappellatelaw.com/tag/judge-jimmie-v-reyna/)
- [Little Sisters of the Poor v. Burwell](https://nmappellatelaw.com/tag/little-sisters-of-the-poor-v-burwell/)
- [Justice Samuel Alito](https://nmappellatelaw.com/tag/justice-samuel-alito/)
- [True Threats](https://nmappellatelaw.com/tag/true-threats/)
- [Judge Monroe McKay](https://nmappellatelaw.com/tag/judge-monroe-mckay/)
- [Judge Bobby Baldock](https://nmappellatelaw.com/tag/judge-bobby-baldock/)
- [United States v. Dillard](https://nmappellatelaw.com/tag/united-states-v-dillard/)
- [ERISA](https://nmappellatelaw.com/tag/erisa/)
- [Kane v. City of Albuquerque](https://nmappellatelaw.com/tag/kane-v-city-of-albuquerque/)
- [United States v. Joseph Kupfer](https://nmappellatelaw.com/tag/united-states-v-joseph-kupfer/)
- [Morris v. Brandenburg](https://nmappellatelaw.com/tag/morris-v-brandenburg/)
- [Morrissey v. Krystopowicz](https://nmappellatelaw.com/tag/morrissey-v-krystopowicz/)
- [Piercing the Corporate Veil](https://nmappellatelaw.com/tag/piercing-the-corporate-veil/)
- [Biography](https://nmappellatelaw.com/tag/biography/)
- [Professor Albert E. Utton](https://nmappellatelaw.com/tag/professor-albert-e-utton/)
- [Michele Minnis](https://nmappellatelaw.com/tag/michele-minnis/)
- [Badilla v. Wal-Mart Stores Inc.](https://nmappellatelaw.com/tag/badilla-v-wal-mart-stores-inc/)
- [Uniform Commercial Code](https://nmappellatelaw.com/tag/uniform-commercial-code/)
- [State v. Donovan King](https://nmappellatelaw.com/tag/state-v-donovan-king/)
- [Hearsay](https://nmappellatelaw.com/tag/hearsay/)
- [Judge Gary Clingman](https://nmappellatelaw.com/tag/judge-gary-clingman/)
- [Exigent Circumstances](https://nmappellatelaw.com/tag/exigent-circumstances/)
- [State v. Paananen](https://nmappellatelaw.com/tag/state-v-paananen/)
- [Joey Moya](https://nmappellatelaw.com/tag/joey-moya/)
- [Mickey Edwards](https://nmappellatelaw.com/tag/mickey-edwards/)
- [Death Penalty](https://nmappellatelaw.com/tag/death-penalty/)
- [Habeas Corpus](https://nmappellatelaw.com/tag/habeas-corpus/)
- [State v. Pagan-Rivera](https://nmappellatelaw.com/tag/state-v-pagan-rivera/)
- [Murder](https://nmappellatelaw.com/tag/murder/)
- [Couch v. Williams](https://nmappellatelaw.com/tag/couch-v-williams/)
- [Default Judgment](https://nmappellatelaw.com/tag/default-judgment/)
- [Damages](https://nmappellatelaw.com/tag/damages/)
- [Justice Elena Kagan](https://nmappellatelaw.com/tag/justice-elena-kagan/)
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- [Standing](https://nmappellatelaw.com/tag/standing/)
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- [Albuquerque Bar Association](https://nmappellatelaw.com/tag/albuquerque-bar-association/)
- [Felix v. City of Bloomfield](https://nmappellatelaw.com/tag/felix-v-city-of-bloomfield/)
- [Establishment Clause](https://nmappellatelaw.com/tag/establishment-clause/)
- [United States v. Rodella](https://nmappellatelaw.com/tag/united-states-v-rodella/)
- [Friedrichs v. California Teachers Association](https://nmappellatelaw.com/tag/friedrichs-v-california-teachers-association/)
- [Frank Susman](https://nmappellatelaw.com/tag/frank-susman/)
- [Paul Grace](https://nmappellatelaw.com/tag/paul-grace/)
- [Samuel Winder](https://nmappellatelaw.com/tag/samuel-winder/)
- [Diana Martwick](https://nmappellatelaw.com/tag/diana-martwick/)
- [Judge Judith Nakamura](https://nmappellatelaw.com/tag/judge-judith-nakamura/)
- [Stuart Stein](https://nmappellatelaw.com/tag/stuart-stein/)
- [Judge Samuel Winder](https://nmappellatelaw.com/tag/judge-samuel-winder/)
- [State of N.M. ex rel. Village of Los Lunas v. County of Valencia](https://nmappellatelaw.com/tag/state-of-n-m-ex-rel-village-of-los-lunas-v-county-of-valencia/)
- [Prof. Eugene Volokh](https://nmappellatelaw.com/tag/prof-eugene-volokh/)
- [Maresca v. Bernalillo County](https://nmappellatelaw.com/tag/maresca-v-bernalillo-county/)
- [Section 1983](https://nmappellatelaw.com/tag/section-1983/)
- [Wrongful Arrest](https://nmappellatelaw.com/tag/wrongful-arrest/)
- [Excessive Force](https://nmappellatelaw.com/tag/excessive-force/)
- [Judge David Ebel](https://nmappellatelaw.com/tag/judge-david-ebel/)
- [Montaño v. Frezza](https://nmappellatelaw.com/tag/montano-v-frezza/)
- [Judge Mary Beck Briscoe](https://nmappellatelaw.com/tag/judge-mary-beck-briscoe/)
- [Rodriguez v. Brand West Dairy](https://nmappellatelaw.com/tag/rodriguez-v-brand-west-dairy/)
- [Foreclosure](https://nmappellatelaw.com/tag/foreclosure/)
- [BAC Home Loans Servicing LP v. Smith](https://nmappellatelaw.com/tag/bac-home-loans-servicing-lp-v-smith/)
- [United States v. Krueger](https://nmappellatelaw.com/tag/united-states-v-krueger/)
- [Moses v. Skandera](https://nmappellatelaw.com/tag/moses-v-skandera/)
- [Education Law](https://nmappellatelaw.com/tag/education-law/)
- [Justice Judith Nakamura](https://nmappellatelaw.com/tag/justice-judith-nakamura/)
- [Judic](https://nmappellatelaw.com/tag/judic/)
- [Reverse Discrimination](https://nmappellatelaw.com/tag/reverse-discrimination/)
- [Garcia v. Hatch Valley Public Schools](https://nmappellatelaw.com/tag/garcia-v-hatch-valley-public-schools/)
- [Stein v. Nakamura](https://nmappellatelaw.com/tag/stein-v-nakamura/)
- [Jury Selection](https://nmappellatelaw.com/tag/jury-selection/)
- [Discrimination](https://nmappellatelaw.com/tag/discrimination/)
- [Bustos v. City of Clovis](https://nmappellatelaw.com/tag/bustos-v-city-of-clovis/)
- [Planned Parenthood v. Utah](https://nmappellatelaw.com/tag/planned-parenthood-v-utah/)
- [Pompeo v. University of New Mexico](https://nmappellatelaw.com/tag/pompeo-v-university-of-new-mexico/)
- [Cressman v. Thompson](https://nmappellatelaw.com/tag/cressman-v-thompson/)
- [Intellectual Property](https://nmappellatelaw.com/tag/intellectual-property/)
- [Copyright Infringement](https://nmappellatelaw.com/tag/copyright-infringement/)
- [Savant Homes Inc. v. Collins](https://nmappellatelaw.com/tag/savant-homes-inc-v-collins/)
- [Liability Waivers](https://nmappellatelaw.com/tag/liability-waivers/)
- [Espinoza v. Arkansas Valley Adventures LLC](https://nmappellatelaw.com/tag/espinoza-v-arkansas-valley-adventures-llc/)
- [Fraud](https://nmappellatelaw.com/tag/fraud/)
- [Nesbitt v. FCNH Inc.](https://nmappellatelaw.com/tag/nesbitt-v-fcnh-inc/)
- [Ryder v. Warrior](https://nmappellatelaw.com/tag/ryder-v-warrior/)
- [Valerie Plame](https://nmappellatelaw.com/tag/valerie-plame/)
- [Julie Vargas](https://nmappellatelaw.com/tag/julie-vargas/)
- [Ned Fuller](https://nmappellatelaw.com/tag/ned-fuller/)
- [Stephen French](https://nmappellatelaw.com/tag/stephen-french/)
- [Polygamy](https://nmappellatelaw.com/tag/polygamy/)
- [Brown v. Buhman](https://nmappellatelaw.com/tag/brown-v-buhman/)
- [Obergefell](https://nmappellatelaw.com/tag/obergefell/)
- [Right to Privacy](https://nmappellatelaw.com/tag/right-to-privacy/)
- [Castillo v. Arrieta](https://nmappellatelaw.com/tag/castillo-v-arrieta/)
- [Independent Institute v. Williams](https://nmappellatelaw.com/tag/independent-institute-v-williams/)
- [Self-Defense](https://nmappellatelaw.com/tag/self-defense/)
- [State v. Ortiz-Castillo](https://nmappellatelaw.com/tag/state-v-ortiz-castillo/)
- [Judge Sarah Singleton](https://nmappellatelaw.com/tag/judge-sarah-singleton/)
- [Judicial Discipline](https://nmappellatelaw.com/tag/judicial-discipline/)
- [Ex Parte Communication](https://nmappellatelaw.com/tag/ex-parte-communication/)
- [Stays](https://nmappellatelaw.com/tag/stays/)
- [Comparative Fault](https://nmappellatelaw.com/tag/comparative-fault/)
- [Traditional Indemnification](https://nmappellatelaw.com/tag/traditional-indemnification/)
- [Safeway Inc. v. Rooter 2000 Plumbing and Drain SSS](https://nmappellatelaw.com/tag/safeway-inc-v-rooter-2000-plumbing-and-drain-sss/)
- [Judge Stephen French](https://nmappellatelaw.com/tag/judge-stephen-french/)
- [Plain Meaning](https://nmappellatelaw.com/tag/plain-meaning/)
- [Wells Fargo Bank NA v. Pyle](https://nmappellatelaw.com/tag/wells-fargo-bank-na-v-pyle/)
- [Direct Marketing Association v. Brohl](https://nmappellatelaw.com/tag/direct-marketing-association-v-brohl/)
- [Dormant Commerce Clause](https://nmappellatelaw.com/tag/dormant-commerce-clause/)
- [Criminal Forfeiture](https://nmappellatelaw.com/tag/criminal-forfeiture/)
- [State v. Norman Benally](https://nmappellatelaw.com/tag/state-v-norman-benally/)
- [Spurlock v. Townes](https://nmappellatelaw.com/tag/spurlock-v-townes/)
- [Respondeat Superior](https://nmappellatelaw.com/tag/respondeat-superior/)
- [Aided-in-Agency Theory](https://nmappellatelaw.com/tag/aided-in-agency-theory/)
- [Appellate Issues](https://nmappellatelaw.com/tag/appellate-issues/)
- [Legal Writing](https://nmappellatelaw.com/tag/legal-writing/)
- [Hal Stratton](https://nmappellatelaw.com/tag/hal-stratton/)
- [Verlo v. Martinez](https://nmappellatelaw.com/tag/verlo-v-martinez/)
- [Jury Nullification](https://nmappellatelaw.com/tag/jury-nullification/)
- [Marriage](https://nmappellatelaw.com/tag/marriage/)
- [American Constitution Society](https://nmappellatelaw.com/tag/american-constitution-society/)
- [Juan Melendez](https://nmappellatelaw.com/tag/juan-melendez/)
- [Gordon Rahn](https://nmappellatelaw.com/tag/gordon-rahn/)
- [Wrongful Convictions](https://nmappellatelaw.com/tag/wrongful-convictions/)
- [Ilya Shapiro](https://nmappellatelaw.com/tag/ilya-shapiro/)
- [Albuquerque Lawyers Club](https://nmappellatelaw.com/tag/albuquerque-lawyers-club/)
- [-- USERRA](https://nmappellatelaw.com/tag/userra/)
- [Ramirez v. CYFD](https://nmappellatelaw.com/tag/ramirez-v-cyfd/)
- [En Banc Review](https://nmappellatelaw.com/tag/en-banc-review/)
- [Estate of Brice v. Toyota Motor Corp.](https://nmappellatelaw.com/tag/estate-of-brice-v-toyota-motor-corp/)
- [Fraudulent Concealment](https://nmappellatelaw.com/tag/fraudulent-concealment/)
- [Kerr v. Parsons](https://nmappellatelaw.com/tag/kerr-v-parsons/)
- [Effective Assistance of Counsel](https://nmappellatelaw.com/tag/effective-assistance-of-counsel/)
- [Thompson v. City of Albuquerque](https://nmappellatelaw.com/tag/thompson-v-city-of-albuquerque/)
- [Loss of Consortium](https://nmappellatelaw.com/tag/loss-of-consortium/)
- [Chile](https://nmappellatelaw.com/tag/chile/)
- [El Encanto Inc. v. Hatch Chile Company Inc.](https://nmappellatelaw.com/tag/el-encanto-inc-v-hatch-chile-company-inc/)
- [Federal Rule of Civil Procedure 45](https://nmappellatelaw.com/tag/federal-rule-of-civil-procedure-45/)
- [Third Party Subpoenas](https://nmappellatelaw.com/tag/third-party-subpoenas/)
- [Social Media](https://nmappellatelaw.com/tag/social-media/)
- [New Mexico Appellate Bench and Bar Conference](https://nmappellatelaw.com/tag/new-mexico-appellate-bench-and-bar-conference/)
- [Chief Judge Michael Vigil](https://nmappellatelaw.com/tag/chief-judge-michael-vigil/)
- [Judge Julie Vargas](https://nmappellatelaw.com/tag/judge-julie-vargas/)
- [United States v. Boisseau](https://nmappellatelaw.com/tag/united-states-v-boisseau/)
- [Judge Henry Bohnhoff](https://nmappellatelaw.com/tag/judge-henry-bohnhoff/)
- [State v. Begay](https://nmappellatelaw.com/tag/state-v-begay/)
- [Absurdity Canon](https://nmappellatelaw.com/tag/absurdity-canon/)
- [Chief Judge Linda Vanzi](https://nmappellatelaw.com/tag/chief-judge-linda-vanzi/)
- [Comity](https://nmappellatelaw.com/tag/comity/)
- [Sovereign Immunity](https://nmappellatelaw.com/tag/sovereign-immunity/)
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- [Jurisdiction](https://nmappellatelaw.com/tag/jurisdiction/)
- [Justice Neil Gorsuch](https://nmappellatelaw.com/tag/justice-neil-gorsuch/)
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- [Rehearing](https://nmappellatelaw.com/tag/rehearing/)
- [State of New Mexico v. Department of the Interior](https://nmappellatelaw.com/tag/state-of-new-mexico-v-department-of-the-interior/)
- [Indian Gaming Regulatory Act](https://nmappellatelaw.com/tag/indian-gaming-regulatory-act/)
- [Electronic Filing](https://nmappellatelaw.com/tag/electronic-filing/)
- [Judicial Vacancies](https://nmappellatelaw.com/tag/judicial-vacancies/)
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- [Judge James E. Graves](https://nmappellatelaw.com/tag/judge-james-e-graves/)
- [Jr.](https://nmappellatelaw.com/tag/jr/)
- [New Mexico Appellate Practice Institute](https://nmappellatelaw.com/tag/new-mexico-appellate-practice-institute/)
- [Vehicular Homicide](https://nmappellatelaw.com/tag/vehicular-homicide/)
- [State v. Cody Platero](https://nmappellatelaw.com/tag/state-v-cody-platero/)
- [E-Filing](https://nmappellatelaw.com/tag/e-filing/)
- [Justice Dan Sisk](https://nmappellatelaw.com/tag/justice-dan-sisk/)
- [Maralex Resources v. Barnhardt](https://nmappellatelaw.com/tag/maralex-resources-v-barnhardt/)
- [Oil and Gas Law](https://nmappellatelaw.com/tag/oil-and-gas-law/)
- [Ken Starr](https://nmappellatelaw.com/tag/ken-starr/)
- [REAL ID Act](https://nmappellatelaw.com/tag/real-id-act/)
- [Judge Daniel Gallegos](https://nmappellatelaw.com/tag/judge-daniel-gallegos/)
- [Nava v. Wells Fargo Bank](https://nmappellatelaw.com/tag/nava-v-wells-fargo-bank/)
- [Securities Law](https://nmappellatelaw.com/tag/securities-law/)
- [SEC v. Scoville](https://nmappellatelaw.com/tag/sec-v-scoville/)
- [Justice Shannon Bacon](https://nmappellatelaw.com/tag/justice-shannon-bacon/)
- [Justice David Thomson](https://nmappellatelaw.com/tag/justice-david-thomson/)
- [Inspection of Public Records Act](https://nmappellatelaw.com/tag/inspection-of-public-records-act/)
- [The Cadle Company v. Seavall](https://nmappellatelaw.com/tag/the-cadle-company-v-seavall/)
- [Goodman v. OS Restaurant Services LLC](https://nmappellatelaw.com/tag/goodman-v-os-restaurant-services-llc/)
- [New Mexico Human Rights Act](https://nmappellatelaw.com/tag/new-mexico-human-rights-act/)
- [Gaume v. New Mexico Interstate Stream Commission](https://nmappellatelaw.com/tag/gaume-v-new-mexico-interstate-stream-commission/)
- [Injunction Bond](https://nmappellatelaw.com/tag/injunction-bond/)
- [Malicious Abuse of Process](https://nmappellatelaw.com/tag/malicious-abuse-of-process/)
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- [Per Curiam](https://nmappellatelaw.com/tag/per-curiam/)
- [Absolute Immunity](https://nmappellatelaw.com/tag/absolute-immunity/)
- [Benavidez v. Howard](https://nmappellatelaw.com/tag/benavidez-v-howard/)
- [State v. Leo Jim](https://nmappellatelaw.com/tag/state-v-leo-jim/)
- [Inventory Search](https://nmappellatelaw.com/tag/inventory-search/)
- [Waller v. City and County of Denver](https://nmappellatelaw.com/tag/waller-v-city-and-county-of-denver/)
- [Municipal Liability](https://nmappellatelaw.com/tag/municipal-liability/)
- [Antero Resources Corp. v. South Jersey Resources Group LLC](https://nmappellatelaw.com/tag/antero-resources-corp-v-south-jersey-resources-group-llc/)
- [Contracts](https://nmappellatelaw.com/tag/contracts/)
- [Florida v. Georgia](https://nmappellatelaw.com/tag/florida-v-georgia/)
- [Water Law](https://nmappellatelaw.com/tag/water-law/)
- [New Mexico Industrial Energy Consumers v. New Mexico Public Regulation Commission](https://nmappellatelaw.com/tag/new-mexico-industrial-energy-consumers-v-new-mexico-public-regulation-commission/)
- [Renewable Energy Act](https://nmappellatelaw.com/tag/renewable-energy-act/)
- [Public Utility Law](https://nmappellatelaw.com/tag/public-utility-law/)
- [Judge Megan Duffy](https://nmappellatelaw.com/tag/judge-megan-duffy/)
- [State v. Quintin C.](https://nmappellatelaw.com/tag/state-v-quintin-c/)
- [Specific Intent](https://nmappellatelaw.com/tag/specific-intent/)
- [United States v. Paup](https://nmappellatelaw.com/tag/united-states-v-paup/)
- [Appellate Jurisdiction](https://nmappellatelaw.com/tag/appellate-jurisdiction/)
- [Deadlines](https://nmappellatelaw.com/tag/deadlines/)
- [Perjury](https://nmappellatelaw.com/tag/perjury/)
- [Lafferty v. Benzon](https://nmappellatelaw.com/tag/lafferty-v-benzon/)
- [Judge Zachary Ives](https://nmappellatelaw.com/tag/judge-zachary-ives/)
- [State v. Marcos Figueroa](https://nmappellatelaw.com/tag/state-v-marcos-figueroa/)
- [Fundamental Error](https://nmappellatelaw.com/tag/fundamental-error/)
- [State of N.M. ex rel. Office of the State Engineer v. Romero](https://nmappellatelaw.com/tag/state-of-n-m-ex-rel-office-of-the-state-engineer-v-romero/)
- [Dunn v. Brandt](https://nmappellatelaw.com/tag/dunn-v-brandt/)
- [Han-Noggle v. City of Albuquerque](https://nmappellatelaw.com/tag/han-noggle-v-city-of-albuquerque/)
- [Division Pilot Project](https://nmappellatelaw.com/tag/division-pilot-project/)
- [State v. Grubb](https://nmappellatelaw.com/tag/state-v-grubb/)
- [State v. Zachariah G.](https://nmappellatelaw.com/tag/state-v-zachariah-g/)
- [Judge Joel Carson](https://nmappellatelaw.com/tag/judge-joel-carson/)
- [Harte v. Board of Commissioners](https://nmappellatelaw.com/tag/harte-v-board-of-commissioners/)
- [Mandate Rule](https://nmappellatelaw.com/tag/mandate-rule/)
- [Voir Dire](https://nmappellatelaw.com/tag/voir-dire/)
- [State v. Yancey](https://nmappellatelaw.com/tag/state-v-yancey/)
- [Guilty Pleas](https://nmappellatelaw.com/tag/guilty-pleas/)
- [State v. Aguilar](https://nmappellatelaw.com/tag/state-v-aguilar/)
- [New Trial](https://nmappellatelaw.com/tag/new-trial/)
- [Double Jeopardy](https://nmappellatelaw.com/tag/double-jeopardy/)
- [UM/UIM Insurance](https://nmappellatelaw.com/tag/um-uim-insurance/)
- [Sanchez v. Essentia Insurance Company](https://nmappellatelaw.com/tag/sanchez-v-essentia-insurance-company/)
- [United States v. Duran](https://nmappellatelaw.com/tag/united-states-v-duran/)
- [Sufficiency of the Evidence](https://nmappellatelaw.com/tag/sufficiency-of-the-evidence/)
- [Baca v. Colorado Department of State](https://nmappellatelaw.com/tag/baca-v-colorado-department-of-state/)
- [Electoral College](https://nmappellatelaw.com/tag/electoral-college/)
- [State v. Juan Garcia](https://nmappellatelaw.com/tag/state-v-juan-garcia/)
- [Speeding](https://nmappellatelaw.com/tag/speeding/)
- [Scientific Evidence](https://nmappellatelaw.com/tag/scientific-evidence/)
- [Judge Briana Zamora](https://nmappellatelaw.com/tag/judge-briana-zamora/)
- [Judge Jennifer Attrep](https://nmappellatelaw.com/tag/judge-jennifer-attrep/)
- [Escobar-Hernandez v. Barr](https://nmappellatelaw.com/tag/escobar-hernandez-v-barr/)
- [Asylum](https://nmappellatelaw.com/tag/asylum/)
- [Kerry Morris](https://nmappellatelaw.com/tag/kerry-morris/)
- [State v. Stevenson](https://nmappellatelaw.com/tag/state-v-stevenson/)
- [Best Evidence Rule](https://nmappellatelaw.com/tag/best-evidence-rule/)
- [United States v. Carter](https://nmappellatelaw.com/tag/united-states-v-carter/)
- [Waiver](https://nmappellatelaw.com/tag/waiver/)
- [State v. Elexus Groves](https://nmappellatelaw.com/tag/state-v-elexus-groves/)
- [State v. David Barber](https://nmappellatelaw.com/tag/state-v-david-barber/)
- [Felony Murder Rule](https://nmappellatelaw.com/tag/felony-murder-rule/)
- [State v. Yepez](https://nmappellatelaw.com/tag/state-v-yepez/)
- [In re Mullins](https://nmappellatelaw.com/tag/in-re-mullins/)
- [Residual Clause](https://nmappellatelaw.com/tag/residual-clause/)
- [Retroactivity](https://nmappellatelaw.com/tag/retroactivity/)
- [Maestas v. Town of Taos](https://nmappellatelaw.com/tag/maestas-v-town-of-taos/)
- [Lech v. Jackson](https://nmappellatelaw.com/tag/lech-v-jackson/)
- [Takings Clause](https://nmappellatelaw.com/tag/takings-clause/)
- [Police Power](https://nmappellatelaw.com/tag/police-power/)
- [Harris v. Sharp](https://nmappellatelaw.com/tag/harris-v-sharp/)
- [Lopez-Munoz v. Barr](https://nmappellatelaw.com/tag/lopez-munoz-v-barr/)
- [Removal](https://nmappellatelaw.com/tag/removal/)
- [Siebert v. Okun](https://nmappellatelaw.com/tag/siebert-v-okun/)
- [GandyDancer LLC v. Rock House CGM LLC](https://nmappellatelaw.com/tag/gandydancer-llc-v-rock-house-cgm-llc/)
- [Justice Michael Vigil](https://nmappellatelaw.com/tag/justice-michael-vigil/)
- [Lewis v. Albuquerque Public Schools](https://nmappellatelaw.com/tag/lewis-v-albuquerque-public-schools/)