Legal Opinion · Dissent

State v. Ball

New Mexico Supreme Court

Decided April 24, 1986No. 15755Published

1DissentSosa, Senior Justice

I dissent from what, in my judgment, is an attempt by this Court to change the Constitution, Article 6, Section 27 by judicial edict or fiat. The Legislature cannot change the Constitution by legislative enactments and neither should we, by interpretation of legislative intent or by our own fiat, be allowed to do so. I agree totally with the scholarly analysis of the law as penned by Judge William Bivins of the Court of Appeals in his Opinion, and I hereby adopt his Opinion as my dissent and hereby instruct that it be printed and published as my dissent in its entirety.*

APPENDIX

OPINION

BIVINS,…

2Cases cited12 opinions

  1. State v. ArnoldNew Mexico Supreme Court · 1947
  2. In Re Goldsworthy's EstateNew Mexico Supreme Court · 1941
  3. Hughes v. Samedan Oil CorporationCourt of Appeals for the Tenth Circuit · 1948
  4. State v. SantillanesNew Mexico Supreme Court · 1981
  5. State v. SantillanesNew Mexico Court of Appeals · 1980

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