Legal Opinion

State v. Nunez

New Mexico Supreme Court

Decided December 30, 1999No. 23,796, 23,860PublishedCited by 85 opinions

1Opinion of the Court

OPINION

FRANCHINI, Justice.

{1} This case concerns five consolidated appeals in which each of the defendants faced criminal charges for the possession or sale of drugs, and were also subject to the civil forfeiture of property, such as vehicles and currency, that was allegedly associated with the crime. These appeals each raise the same issue: whether civil forfeiture under the Controlled Substances Act, NMSA 1978, §§ 30-31-1 to -41 (1972, as amended through 1997), is punishment and is limited by the protections against double jeopardy guaranteed by the New Mexico Constitution, N.M. Const, art.…

2Cases cited69 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Boyd v. United StatesSupreme Court of the United States · 1886
  4. Pennoyer v. NeffSupreme Court of the United States · 1878
  5. Griffith v. KentuckySupreme Court of the United States · 1987

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3Cited by85 opinions

  1. Kersey v. HatchNew Mexico Supreme Court · 2010
  2. Montoya v. UlibarriNew Mexico Supreme Court · 2007
  3. State v. LynchNew Mexico Supreme Court · 2003
  4. State v. LeFebreNew Mexico Court of Appeals · 2001
  5. State v. ElliottNew Mexico Court of Appeals · 2001

80 more not listed; retrieve them via the Exa API.

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