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Melon v. State

Supreme Court of New Mexico
Aug 25, 1977
90 N.M. 787 (N.M. 1977)
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Summary

holding statute is upheld unless the court is satisfied beyond all reasonable doubt that the challenged legislation violates the constitution

Summary of this case from State v. Longacre
See 6 Summaries

Opinion

No. 11560.

August 25, 1977.

This matter coming on for consideration by the Court upon petition for writ of certiorari, and the Court having considered said petition and being sufficiently advised in the premises;

NOW, THEREFORE, IT IS ORDERED that petition for writ of certiorari be and the same is hereby denied. The Court agrees with the statement and conclusion of the Court of Appeals that in Eller v. State, 90 N.M. 552, 566 P.2d 101, this Court did not intend to abandon its prior decisions which hold that new issues may not be raised on appeal, regardless of whether they have been listed in the docketing statement.

This Court in Eller, supra, limited its application to the "[state] of the record in this (Eller) case," and to exceptions in extreme cases under the rules announced in Olguin v. State, 90 N.M. 303, 563 P.2d 97 (1977); Linam v. State, 90 N.M. 302, 563 P.2d 96 (1977); and Vigil v. State, 89 N.M. 601, 555 P.2d 901 (1976).

IT IS FURTHER ORDERED that the Record in Cause No. 3101 be and the same is hereby returned to the Clerk of the Court of Appeals.

Summaries of

Melon v. State

Supreme Court of New Mexico
Aug 25, 1977
90 N.M. 787 (N.M. 1977)

holding statute is upheld unless the court is satisfied beyond all reasonable doubt that the challenged legislation violates the constitution

Summary of this case from State v. Longacre

finding a city's limited financial expenditures and restricted ability to raise money provided a rational basis to support a shortened statute of limitations against government entities

Summary of this case from Doe v. New London Cmty. Sch. Dist.

finding a city's limited financial expenditures and restricted ability to raise money provided a rational basis to support a shortened statute of limitations against government entities

Summary of this case from Doe v. New London Cmty. Sch. Dist.

recognizing the similarity between notice statutes and statutes of limitation

Summary of this case from Prince George's County v. Longtin

applying rational basis test to constitutional challenge of statute of limitations for tort claims against municipality

Summary of this case from Powell v. N.M. State Hwy. Transp. Dept

In Espanola Hous. Auth., the supreme court upheld the constitutionality of a statutory scheme that provided a shorter limitations period for suits against municipalities than suits against states and counties, citing the limitations on the ability of municipalities to raise taxes and other funds, coupled with the greater need for financial planning and control of potential liability.

Summary of this case from Jaramillo v. State
Case details for

Melon v. State

Case Details

Full title:Arnold MELON, Petitioner v. STATE of New Mexico, Respondent

Court:Supreme Court of New Mexico

Date published: Aug 25, 1977

Citations

90 N.M. 787 (N.M. 1977)
568 P.2d 1233

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