Legal Opinion
State v. Najera
New Mexico Court of Appeals
Decided September 14, 1976No. 2667PublishedCited by 23 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
One of the charges against defendant was that he possessed burglary tools in violation of § 40A-16-5, N.M.S.A.1953 (2d Repl.Vol. 6). The trial court ruled that the statute was unconstitutionally vague. The State appealed. We placed the appeal on the summary calendar, proposing summary reversal on the basis of prior New Mexico decisions. Defendant has filed a memorandum in opposition to summary reversal.
A statute violates due process if it is so vague that persons of common intelligence must necessarily guess at its meaning. “The vagueness doctrine is based on notice…
2Cases cited7 opinions
- State v. MinnsNew Mexico Court of Appeals · 1969
- Floyd Woodrow Hines v. J. E. Baker, WardenCourt of Appeals for the Tenth Circuit · 1970
- State v. AguirreNew Mexico Supreme Court · 1972
- State v. OrzenNew Mexico Court of Appeals · 1972
- State v. SilvaNew Mexico Court of Appeals · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Santillanes v. StateNew Mexico Supreme Court · 1993
- State v. SegottaNew Mexico Supreme Court · 1983
- State v. CastenedaNew Mexico Court of Appeals · 1982
- State v. GuruleNew Mexico Court of Appeals · 1977
- State v. BarraganNew Mexico Court of Appeals · 2001
18 more not listed; retrieve them via the Exa API.