Matter of Doe

8 Citing cases

  1. State v. Doe

    91 N.M. 506 (N.M. Ct. App. 1978)   Cited 16 times
    Holding that neither the Children's Code nor the Children's Court Rules require the judge to accept a child's admission, nor does a child have a constitutional right to have his admission accepted

    The circumstances are: oral notice was conceded, the trial court offered a continuance which the child rejected, all the noticed parties appeared and there is no claim of prejudice resulting from the allegedly missing written notice. See Matter of Doe, 88 N.M. 481, 542 P.2d 61 (Ct.App. 1975). (c) Subsection four requires the court to consider whether the child is amenable to treatment or rehabilitation as a child through available facilities.

  2. State v. Javier M

    131 N.M. 1 (N.M. 2001)   Cited 92 times
    Holding that this Court may reach "a foundational issue which is integral to a complete and thorough analysis of the specific question presented in the petition for writ of certiorari"

    consistent with the protection of the public interest, to remove from children committing delinquent acts the adult consequences of criminal behavior, but to still hold children committing delinquent acts accountable for their actions to the extent of the child's age, education, mental and physical condition, background and all other relevant factors[.] NMSA 1978, § 32A-2-2(A) (1993) (emphasis added); see In re Doe, 88 N.M. 481, 482, 542 P.2d 61, 62 (Ct.App. 1975) ("Those sections of the Children's Code [referring to a child's constitutional and statutory rights] must be read in light of the legislative purposes expressed in the Code."). {38} In addition to conforming to the language and purpose of Section 32A-2-14, the "reasonable suspicion" standard places no additional burden on either the courts or law enforcement since the standard is already used to assess whether law enforcement has conformed to the protections of the Fourth Amendment.

  3. Doe v. State

    100 N.M. 579 (N.M. 1984)   Cited 2 times
    Holding that the predecessor to Section 32A-2-14 is not applicable to threshold questioning

    In reviewing an attack of a child's constitutional and statutory rights pursuant to the Children's Code, we agree with the Court of Appeals that "[t]hose sections of the Children's Code [referring to a child's constitutional and statutory rights] must be read in light of the legislative purposes expressed in the [Children's] Code. In re Doe, 88 N.M. 481, 482, 542 P.2d 61, 62 (Ct.App. 1975) (emphasis added). The Court of Appeals recognized that one of the purposes or objectives of the Legislature, presently compiled as Subsection 32-1-2 (E), is:

  4. State v. Ricky

    110 N.M. 646 (N.M. Ct. App. 1990)   Cited 9 times
    Considering context in determining meaning of dispositional provision of the Code

    We have more than just a failure of the court to advise a child who is represented by counsel of the child's rights. See In re Doe, 88 N.M. 481, 542 P.2d 61 (Ct.App. 1975).

  5. Matter of Pernell

    92 N.M. 490 (N.M. Ct. App. 1979)   Cited 19 times
    Determining the denial of a motion to dismiss the appeal as moot was properly denied because an error in a thirty-day involuntary commitment is both capable of repetition and an issue of substantial public importance

    We add that there is no claim of prejudice resulting from the failure to comply with the time requirement. See Matter of Doe, 88 N.M. 481, 542 P.2d 61 (Ct.App. 1975). Quantum of Proof

  6. State v. Doe

    92 N.M. 198 (N.M. Ct. App. 1978)   Cited 2 times
    Rejecting the child's argument that the state's failure to adhere to notice requirements should warrant reversal when the child, in fact, received notice and holding that reversal would be "based on a technicality which exalts form over substance"

    Not having been harmed by the technical violation, the lack of notice of the purpose of the preliminary inquiry did not require dismissal of the petition. Matter of Doe, 88 N.M. 481, 542 P.2d 61 (Ct.App. 1975). The Preliminary Inquiry

  7. State v. Doe

    91 N.M. 393 (N.M. Ct. App. 1978)   Cited 3 times

    It is the State's position that, in the absence of a requirement of dismissal of a petition in Rule 23(c), the question becomes one of judicial discretion. Cited in support thereof are Matter of Jane Doe, 88 N.M. 505, 542 P.2d 1195 (Ct.App. 1975) and Matter of John Doe, 88 N.M. 481, 542 P.2d 61 (Ct.App. 1975). John Doe does not reach the matter of judicial discretion.

  8. Doe v. State

    88 N.M. 644 (N.M. Ct. App. 1976)   Cited 7 times

    Where a child had counsel and had been advised of his rights, we required a showing of prejudice when the claim was that the child was not repeatedly advised of his rights. Matter of Doe, 88 N.M. 481, 542 P.2d 61 (Ct.App. 1975). This case is not similar.