Legal Opinion

Smith v. Love

New Mexico Supreme Court

Decided May 30, 1984No. 15356PublishedCited by 22 opinions

1Opinion of the Court

OPINION

STOWERS, Justice.

The petitioner, William Patrick Smith, seeks a writ of prohibition or superintending control directing the respondent, the district court, to dismiss with prejudice the appeal of the State and prohibiting the respondent from ordering the remand of these proceedings to the Metropolitan Court.

The issue we determine is whether the district court is without jurisdiction under NMSA 1978, Metro. Rule 71(b) (Cum.Supp. 1983) to consider the appeal of the State of New Mexico. Although the primary issue is the jurisdiction of the district court to entertain the appeal, we have…

2Cases cited5 opinions

  1. State v. ArnoldNew Mexico Supreme Court · 1947
  2. State v. MorrisNew Mexico Supreme Court · 1961
  3. State v. WatsonNew Mexico Court of Appeals · 1971
  4. State Ex Rel. Gesswein v. GalvanNew Mexico Supreme Court · 1984
  5. State v. GiraudoNew Mexico Court of Appeals · 1983

3Cited by22 opinions

  1. State v. HeinsenNew Mexico Supreme Court · 2005
  2. State v. LujanNew Mexico Court of Appeals · 1985
  3. State v. VaughnNew Mexico Court of Appeals · 2005
  4. Vigil v. Thriftway Marketing Corp.New Mexico Court of Appeals · 1994
  5. City of Las Cruces v. SanchezNew Mexico Supreme Court · 2007

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