Tag Archives: Judge Timothy Garcia

NMCA: Corpus delicti rule satisfied by circumstantial evidence

by Emil J. Kiehne Posted on July 31, 2017

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 … Continue reading →

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New Mexico Court of Appeals rejects right to assisted suicide

by Emil J. Kiehne Posted on August 11, 2015

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

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NM Court of Appeals: Dismissal “without prejudice” can have res judicata effect

by Emil J. Kiehne Posted on March 19, 2015

James and Tracy Turner borrowed money from First New Mexico Bank to finance the purchase and construction of a dairy. Later, the Turners filed a lender liability lawsuit against the Bank. The Bank filed a motion to dismiss for failure to state … Continue reading →

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Public trust doctrine does not allow courts to second-guess greenhouse gas regulations

by Emil J. Kiehne Posted on March 18, 2015

The New Mexico Court of Appeals has rejected a claim that the common-law “public trust doctrine” allows courts to second-guess decisions by the Legislature or administrative agencies about whether, and how, to regulate greenhouse gases. The Court’s opinion in Sanders-Reed … Continue reading →

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NM Court of Appeals holds oral argument in assisted suicide case

by Emil J. Kiehne Posted on January 27, 2015

Yesterday afternoon, before a packed courtroom, the New Mexico Court of Appeals held oral argument in the assisted suicide case, Morris v. King. In no particular order, here are my impressions of the oral argument: 1.  The Attorney General’s office, represented by … Continue reading →

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NM Court of Appeals rejects AG King’s overbroad interpretation of Medicaid Fraud Act

by Emil J. Kiehne Posted on June 16, 2014

The New Mexico Medicaid Fraud Act does not impose liability whenever a medical provider violates any federal, state, or local law that applies to it, but only when the provider violates a law that is an actual precondition for payment. So held the New … Continue reading →

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NM Court of Appeals rejects church autonomy defense to claims arising from alleged harassment

by Emil J. Kiehne Posted on June 12, 2014

I’ve been on vacation the past couple of weeks or so, but in my absence the New Mexico Court of Appeals issued a decision in Galetti v. Reeve that explains the limits of the church autonomy doctrine. The plaintiff, Melissa … 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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NM Court of Appeals strikes down another nursing home arbitration agreement

by Emil J. Kiehne Posted on August 20, 2012

In response to a wrongful death lawsuit arising from the death of a resident, a Belen nursing home sought to enforce an arbitration agreement, which required that all disputes between the resident (or his family) and the nursing home be … Continue reading →

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