Legal Opinion · Concurrence

Huey v. Lente

New Mexico Court of Appeals

Decided July 18, 1973No. 1058Published

1ConcurrenceHernandez, Judge

(specially concurring).

I concur in the reversal of the lower court’s decision and the order to return the child to his natural mother. I do not agree that the termination statute is unconstitutional; I believe this case should be decided on non-constitutional grounds. In the following opinion I have first set out my disagreements with Judge Sutin’s opinion and then have discussed the reasons why I think the trial court’s judgment should be reversed.(1) The vagueness. of the termination statute.

I do not agree that § 22-2-23, supra, is vague and indefinite. Its sole purpose is to relieve unfit…

2Cases cited11 opinions

  1. McCauley v. RayNew Mexico Supreme Court · 1968
  2. Samora v. BradfordNew Mexico Court of Appeals · 1970
  3. Totah Drilling Company v. AbrahamNew Mexico Supreme Court · 1958
  4. Lumpkins v. McPheeNew Mexico Supreme Court · 1955
  5. Nevelos v. RailstonNew Mexico Supreme Court · 1959

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