Legal Opinion · Dissent

State v. Strauch

New Mexico Court of Appeals

Decided January 10, 2014No. 34,435; Docket No. 32,425Published

1DissentHanisee, Judge

{34} I consider the term “every person,” as articulated in Section 32A-4-3(A), to mean any person who is aware of or reasonably suspects that a child is being abused. Under the statute’s plain directive, all such persons are duty-bound to report the ill-treatment of children to law enforcement or child protection authorities. The majority having concluded otherwise, I respectfully dissent.

{35} Initially, I note that the language of the statute itself seems unmistakable. When there exists clarity of legislative intent, New Mexico caselaw compels a statute’s effectuation in a manner that avoids…

2Cases cited9 opinions

  1. State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
  2. United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
  3. Reule Sun Corp. v. VallesNew Mexico Supreme Court · 2009
  4. State v. JuanNew Mexico Supreme Court · 2010
  5. State v. MendezNew Mexico Supreme Court · 2010

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