Legal Opinion

State Ex Rel. Human Services Department v. Staples

New Mexico Supreme Court

Decided September 7, 1982No. 14196PublishedCited by 64 opinions

1Opinion of the Court

OPINION

PAYNE, Justice.

The State brought an action against Staples to terminate her parental rights with reference to her minor son, pursuant Section 40 — 7—4, N.M.S.A.1978 (Cum.Supp.1981). The trial court terminated Staples’ rights, and she appealed. The basis for her appeal was that the statute upon which the State relies is unconstitutional.

The Court of Appeals opinion ignores the arguments presented in the briefs. The court issued its opinion not on the constitutionality of the statute but on the supposed failure of the State to comply with the statute. The relevant statute, Section 40-7 —…

2Cases cited1 opinion

  1. New Mexico Department of Human Services v. TapiaNew Mexico Supreme Court · 1982

3Cited by64 opinions

  1. State v. JADE G.New Mexico Supreme Court · 2007
  2. Talbott v. Roswell Hospital Corp.New Mexico Court of Appeals · 2005
  3. State v. TorresNew Mexico Supreme Court · 1998
  4. State v. FergusonNew Mexico Court of Appeals · 1990
  5. State v. TorresNew Mexico Court of Appeals · 2005

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