State v. Strauch
New Mexico Court of Appeals
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
- State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
- United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
- Reule Sun Corp. v. VallesNew Mexico Supreme Court · 2009
- State v. JuanNew Mexico Supreme Court · 2010
- State v. MendezNew Mexico Supreme Court · 2010
4 more not listed; retrieve them via the Exa API.