State v. Nunez

{128} I must respectfully DISSENT. Under the majority opinion, New Mexico stands alone from both the federal analysis and the analysis of other states, despite the fact that Ursery has been examined by numerous state courts. In its radical departure, the majority even goes much further than the proposed analysis by Justice Stevens, the only Justice on the United States Supreme Court who dissented from Ursery. Ultimately, I am not persuaded that we should reject Ursery, and even if I were, I believe the opinion errs by creating a constitutionally protected property right to drug proceeds.

I.…