Legal Opinion

Smith v. Martinez

New Mexico Supreme Court

Decided July 1, 1981No. 13616, 13659PublishedCited by 6 opinions

1Opinion of the Court

OPINION

RIORDAN, Justice.

We previously granted alternative writs of prohibition in our Causes Nos. 13616 and 13659 against the respondent district judge prohibiting him from taking any action in children’s court cases in which an affidavit of disqualification has been filed by the State immediately after a petition was filed in children’s court. After receiving briefs from the State and the respondent, we make each writ of prohibition permanent.

The issues are:

1. Whether the assistant district attorney is entitled to sign an affidavit of disqualification in a children’s court case; and,

2.…

2Cases cited7 opinions

  1. State Ex Rel. Weltmer v. TaylorNew Mexico Supreme Court · 1938
  2. State Ex Rel. Tittmann v. HayNew Mexico Supreme Court · 1936
  3. Hill v. PattonNew Mexico Supreme Court · 1938
  4. State v. HesterNew Mexico Supreme Court · 1962
  5. Frazier ex rel. Holland v. StanleyNew Mexico Supreme Court · 1972

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

3Cited by6 opinions

  1. State Ex Rel. Bardacke v. WelshNew Mexico Court of Appeals · 1985
  2. State v. WareNew Mexico Court of Appeals · 1993
  3. In re Christobal V.New Mexico Court of Appeals · 2002
  4. JMB Retail Properties Co. v. EastburnNew Mexico Supreme Court · 1992
  5. Matter of Estate of RussellNew Mexico Court of Appeals · 1994

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

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