Legal Opinion
City of Albuquerque v. Chavez
New Mexico Court of Appeals
Decided May 2, 1997No. 16646PublishedCited by 4 opinions
1Opinion of the Court
OPINION
APODACA, Judge.
1. The City of Abuquerque appeals the district court’s order setting aside the City Personnel Board’s (the Personnel Board) decision upholding the termination of Defendant Ernest B. Chavez (Employee). The district court held that the proceedings before the City’s Hearing Officer violated constitutional due process, U.S. Const, amend. XIV; N.M. Const, art. II, § 18, because Employee bore the burden of persuasion and was required to present his evidence first. Under the particular facts of this appeal, we hold that due process was not violated by requiring Employee to…
Also in this document: Concurrence.
2Cases cited32 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- In Re WINSHIPSupreme Court of the United States · 1970
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Addington v. TexasSupreme Court of the United States · 1979
- Patterson v. New YorkSupreme Court of the United States · 1977
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3Cited by4 opinions
- City of Albuquerque v. ChavezNew Mexico Supreme Court · 1998
- City of Albuquerque v. ChavezNew Mexico Court of Appeals · 1997
- State v. NunezNew Mexico Supreme Court · 1999
- State v. NunezNew Mexico Supreme Court · 1999