Legal Opinion
Whenry v. Whenry
New Mexico Supreme Court
Decided June 22, 1982No. 13864, 13960, 13984, 14003, 14061 and 14093PublishedCited by 26 opinions
1Opinion of the Court
OPINION
FEDERICI, Justice.
Numerous cases are being filed in the district courts of the State of New Mexico and appealed to the Supreme Court of New Mexico for a determination of the retroactive operation of the rule announced in Espiada v. Espiada, 96 N.M. 712, 634 P.2d 1264 (1981) (Espiada). All of the cases now pending on appeal on this issue in this Court have been consolidated for purposes of this opinion.
On June 26, 1981, the United States Supreme Court held that federal law precludes state courts from treating military retirement pay as community property. McCarty v. McCarty, 453 U.S.…
2Cases cited17 opinions
- Stovall v. DennoSupreme Court of the United States · 1967
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- McCarty v. McCartySupreme Court of the United States · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Santillanes v. StateNew Mexico Supreme Court · 1993
- Beavers v. Johnson Controls World Services, Inc.New Mexico Supreme Court · 1994
- State Ex Rel. Martinez v. City of Las VegasNew Mexico Supreme Court · 2004
- State v. MascareñasNew Mexico Supreme Court · 2000
- State v. MascarenasNew Mexico Supreme Court · 2000
21 more not listed; retrieve them via the Exa API.