Tag Archives: Judge Jonathan Sutin

NM Court of Appeals: Los Lunas has standing to challenge Valencia County’s decision re hospital

by Emil J. Kiehne Posted on September 25, 2015

According to this report by Julia Dendinger in the Valencia County News-Bulletin, the New Mexico Court of Appeals issued an oral ruling reviving the Village of Los Lunas’ challenge to Valencia County’s decision which paves the way for a hospital … Continue reading →

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Former NM public officials can be sued for whistleblower violations

by Emil J. Kiehne Posted on April 24, 2015

In 2010, New Mexico Secretary of State Mary Herrera fired two employees of her office, James Flores and Manny Vildasol, after they reported to the FBI what they considered to be criminal activity by Herrera. At the time, she was … Continue reading →

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Copper Rule affirmed by New Mexico Court of Appeals

by Emil J. Kiehne Posted on April 9, 2015

Yesterday, in an opinion by Judge Jonathan Sutin, the New Mexico Court of Appeals affirmed the Water Quality Control Commission’s adoption of regulations governing the protection of groundwater at copper mines. See Gila Resources Information Project v. N.M. Water Quality Control Commission. … Continue reading →

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NM court rejects man’s claim that neighbor’s use of wi-fi and cell phone harmed him

by Emil J. Kiehne Posted on March 6, 2015

The New Mexico Court of Appeals, in an opinion by Judge Jonathan Sutin, has decided Firstenberg v. Monribot, a case that has generated considerable attention in the news media and on some blogs. See here, here, and here. The plaintiff, Arthur Firstenberg, claims that … Continue reading →

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NM Court of Appeals decisions during the first half of December 2013

by Emil J. Kiehne Posted on December 17, 2013

I apologize for the lack of posts recently. Over the past two weeks I’ve been assisting with a trial in Santa Fe. Now that it’s over, I’m glad to be back with you all. The New Mexico Court of Appeals … Continue reading →

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District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

by Emil J. Kiehne Posted on August 13, 2013

During the guilty plea colloquy for a defendant who was a Mexican national, the district judge advised him that deportation would be a likely result of his guilty plea, and the defendant said he understood. In a later habeas corpus … Continue reading →

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Police expert testimony on drug trafficking is not governed by Daubert/Alberico standard

by Emil J. Kiehne Posted on June 12, 2013

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 … Continue reading →

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Dry ice bombs are not “explosives,” NM Court of Appeals holds

by Emil J. Kiehne Posted on June 11, 2013

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 … Continue reading →

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Rule 11 sanction upheld by NM Court of Appeals

by Emil J. Kiehne Posted on May 29, 2013

New Mexico Rule of Civil Procedure 1-011 serves the same function as Federal Rule of Procedure 11 — to deter baseless filings. Such sanctions are rarely imposed, so the Court of Appeals’ recent decision in Bernier v. Bernier makes for an … Continue reading →

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