Legal Opinion

Wakeland v. New Mexico Department of Workforce Solutions

New Mexico Court of Appeals

Decided January 19, 2012No. 33,351; Docket No. 31,031PublishedCited by 1 opinion

1Opinion of the Court

OPINION

VANZI, Judge.

{1} Robin Wakeland’s uncertainty about the proper procedure for seeking appellate review in this case caused her to file a notice of appeal and a docketing statement rather than a petition for writ of certiorari. Because Wakeland’s docketing statement provides information sufficient to evaluate it as a petition for writ of certiorari, we will accept it as a non-conforming petition; however, the petition was untimely, and the fact that it was untimely is a procedural defect that will only be excused in unusual circumstances. Wakeland’s uncertainty about the proper procedure…

2Cases cited18 opinions

  1. Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
  2. Govich v. North American Systems, Inc.New Mexico Supreme Court · 1991
  3. Trujillo v. SerranoNew Mexico Supreme Court · 1994
  4. State v. JACOB N.New Mexico Supreme Court · 2011
  5. Roberson v. Board of Education of City of Santa FeNew Mexico Supreme Court · 1967

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3Cited by1 opinion

  1. Mascarenas v. City of AlbuquerqueNew Mexico Court of Appeals · 2012

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