Mathews test (New Mexico) · Go Syfert
← New Mexico issues

Mathews test in New Mexico

58 New Mexico opinions name it 2 courts 1997–2025 19 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (33)

CaseFollowedCited
Mathews v. Eldridgegreen
scotus · 1976 · cited in 24 New Mexico opinions naming this issue, 1997–2025
2 sentences

2025The Mathews factors are: 16 First, the private interest that will be affected by the official action; 17 second, the risk of an erroneous deprivation of such interest through the 18 procedures used, and the probable value, if any, of additional or 19 substitute procedural safeguards; and, finally, the Government's 20 interest, including the function involved and the fiscal and 21 administrative burdens that the additional or substitute procedural 22 requirement would entail. 23 Mathews, 424 U.S. at 335 . 22 1 {35} The Parole Board, following orders from the district court, held duration 2 revi

2025The Mathews factors are: 16 First, the private interest that will be affected by the official action; 17 second, the risk of an erroneous deprivation of such interest through the 18 procedures used, and the probable value, if any, of additional or 19 substitute procedural safeguards; and, finally, the Government's 20 interest, including the function involved and the fiscal and 21 administrative burdens that the additional or substitute procedural 22 requirement would entail. 23 Mathews, 424 U.S. at 335 . 22 1 {35} The Parole Board, following orders from the district court, held duration 2 revi

524
Archuleta v. Santa Fe Police Department Ex Rel. City of Santa Fegreen
nm · 2005 · cited in 7 New Mexico opinions naming this issue, 2015–2024
2 sentences

2024In determining whether additional process is due in an administrative proceeding, we apply the test from Mathews v. Eldridge, 424 U.S. 319 (1976), which requires us to consider “[t]he importance of the individual’s and administrative body’s interests, together with the risk of an erroneous deprivation of such private interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards.” Archuleta, 2005-NMSC-006, ¶¶ 31-32 (alteration, internal quotation marks, and citation omitted). {8} The district court applied the Mathews test and concluded

2024In determining whether additional process is due in an administrative proceeding, we apply the test from Mathews v. Eldridge, 424 U.S. 319 (1976), which requires us to consider “[t]he importance of the individual’s and administrative body’s interests, together with the risk of an erroneous deprivation of such private interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards.” Archuleta, 2005-NMSC-006, ¶¶ 31-32 (alteration, internal quotation marks, and citation omitted). {8} The district court applied the Mathews test and concluded

47
State v. Rotherhamgreen
nm · 1996 · cited in 3 New Mexico opinions naming this issue, 2024–2025
2 sentences

2025See Houidobre, 2025-NMSC-007, ¶ 27 (explaining 8 that “New Mexico courts apply the three-factor test” from Mathews “to determine 9 whether the administrative procedures employed comport with the Fourteenth 10 Amendment”); Cooley, 2023-NMCA-089 , ¶ 31 (“If there is a protected interest that 11 has been deprived by the state, answering whether procedural due process was 12 provided requires us to balance that interest against the state’s interests as guided by 13 the factors in Mathews.”); see also State v. Rotherham, 1996-NMSC-048 , ¶ 51, 122 14 N.M. 246 , 923 P.2d 1131 (stating that the United

2024See State v. Rotherham, 1996- 13 NMSC-048, ¶ 51, 122 N.M. 246 , 923 P.2d 1131 (noting the Mathews test is applied 14 in both civil and criminal contexts); State v. Cooley, 2023-NMCA-089 , ¶ 31, 538 15 P.3d 491 (noting that in answering what procedural due process is owed requires 16 “balanc[ing] that interest against the state’s interests as guided by the factors in 17 Mathews”).

33
U S West Communications, Inc. v. New Mexico State Corp. Commissiongreen
nm · 1999 · cited in 3 New Mexico opinions naming this issue, 2023–2023
2 sentences

2023See In re Comm’n Investigation Into 1997 Earnings of U.S. West Commc’ns, Inc., 1999-NMSC-016, ¶ 26 , 127 N.M. 254 , 980 P.2d 37 (setting out the Mathews factors to be examined in an administrative-proceeding due process challenge).

2023See In re Comm’n Investigation Into 1997 Earnings of U.S. West Commc’ns, Inc., 1999-NMSC-016, ¶ 26 , 127 N.M. 254 , 980 P.2d 37 (setting out the Mathews factors to be examined in an administrative-proceeding due process challenge).

33
Sandia v. Riveragreen
nmctapp · 2002 · cited in 3 New Mexico opinions naming this issue, 2014–2014
2 sentences

2014See Sandia, 2002-NMCA-057, ¶ 10 (“Procedural due process is a flexible right and the amount of process due depends on the particular circumstances of each case.” (internal quotation marks and citation omitted)).

2014See Sandia, 2002-NMCA-057, ¶ 10 (“Procedural due process is a flexible right and the amount of process due depends on the particular circumstances of each case.” (internal quotation marks and citation omitted)).

33
Bd. of Educ. of Carlsbad v. Harrellgreen
nm · 1994 · cited in 3 New Mexico opinions naming this issue, 1998–2013
2 sentences

2013Sch. v. Harrell, 118 N.M. 470, 478 , 882 P.2d 511, 519 (1994) (recognizing the three Mathews factors).

2013Sch. v. Harrell, 118 N.M. 470, 478 , 882 P.2d 511, 519 (1994) (recognizing the three Mathews factors).

33
State Ex Rel. Children, Youth & Families Department v. Ruth Anne E.green
nmctapp · 1999 · cited in 3 New Mexico opinions naming this issue, 2000–2003
2 sentences

2003Children, Youth & Families Dep’t v. Anne McD., 2000-NMCA-020, ¶ 24 , 128 N.M. 618 , 995 P.2d 1060 , “[i]n balancing the parent’s rights and interest and the State’s rights and interest ..., the determinative factor is the second prong of the Mathews test,” balancing the risk of error with the value of additional safeguards. {16} In Ruth Anne E., the father was not present at the hearing on the termination of his parental rights because he was incarcerated in another state. 1999-NMCA-035, ¶ 7, 14 , 126 N.M. 670 , 974 P.2d 164 .

2003Children, Youth & Families Dep’t v. Anne McD., 2000-NMCA-020, ¶ 24 , 128 N.M. 618 , 995 P.2d 1060 , “[i]n balancing the parent’s rights and interest and the State’s rights and interest ..., the determinative factor is the second prong of the Mathews test,” balancing the risk of error with the value of additional safeguards. {16} In Ruth Anne E., the father was not present at the hearing on the termination of his parental rights because he was incarcerated in another state. 1999-NMCA-035, ¶ 7, 14 , 126 N.M. 670 , 974 P.2d 164 .

33
City of Albuquerque v. Chavezgreen
nm · 1998 · cited in 6 New Mexico opinions naming this issue, 2001–2024
2 sentences

2023See 15 1 West, 1999-NMSC-016, ¶ 26 (considering the “proceedings as a whole” to balance 2 the Mathews factors (internal quotation marks and citation omitted)); City of 3 Albuquerque v. Chavez, 1998-NMSC-033, ¶ 14 , 125 N.M. 809 , 965 P.2d 928 4 (considering “the pre- and post-termination proceedings as a whole” in order to 5 assess the risk that the rights would be erroneously deprived). 6 A. The Individual Procedures Challenged by Residents Do Not Establish 7 Due Process Violations 8 {23} Residents maintain that the Governing Body’s public hearing on the five 9 applications did not afford con

2023See 15 1 West, 1999-NMSC-016, ¶ 26 (considering the “proceedings as a whole” to balance 2 the Mathews factors (internal quotation marks and citation omitted)); City of 3 Albuquerque v. Chavez, 1998-NMSC-033, ¶ 14 , 125 N.M. 809 , 965 P.2d 928 4 (considering “the pre- and post-termination proceedings as a whole” in order to 5 assess the risk that the rights would be erroneously deprived). 6 A. The Individual Procedures Challenged by Residents Do Not Establish 7 Due Process Violations 8 {23} Residents maintain that the Governing Body’s public hearing on the five 9 applications did not afford con

26
NM Dep't of Workforce Solutions v. Garduñogreen
nm · 2015 · cited in 6 New Mexico opinions naming this issue, 2019–2023
2 sentences

2023Dep’t of Workforce Sols. v. Garduño, 2016-NMSC-002, ¶ 11 , 363 P.3d 1176 (stating that the Mathews test is the correct analytical framework for a due process analysis, and it involves weighing the factors of (1) the private interest affected, (2) the risk of erroneous deprivation of such interest through the procedures used, and (3) the state’s interest).

2023Dep’t of Workforce Sols. v. Garduño, 2016-NMSC-002, ¶ 11 , 363 P.3d 1176 (stating that the Mathews test is the correct analytical framework for a due process analysis, and it involves weighing the factors of (1) the private interest affected, (2) the risk of erroneous deprivation of such interest through the procedures used, and (3) the state’s interest).

26
State ex rel. Children, Youth & Families Department v. Pamela R.D.G.green
nm · 2006 · cited in 4 New Mexico opinions naming this issue, 2006–2023
2 sentences

2023Dep’t v. Pamela R.D.G., 2006-NMSC-019, ¶ 13 , 139 N.M. 459 , 134 P.3d 746 (employing the Mathews test to assess whether the parents’ due process rights were violated).

2023Dep’t v. Pamela R.D.G., 2006-NMSC-019, ¶ 13 , 139 N.M. 459 , 134 P.3d 746 (employing the Mathews test to assess whether the parents’ due process rights were violated).

24
State ex rel. Children, Youth & Families Department v. Browind C.green
nmctapp · 2006 · cited in 3 New Mexico opinions naming this issue, 2012–2013
2 sentences

2013See Browind C., 2007-NMCA-023, ¶ 31 (applying the Mathews test in the context of a termination of parental rights case).

2013See Browind C., 2007-NMCA-023, ¶ 31 (applying the Mathews test in the context of a termination of parental rights case).

23
Berg v. Shearergreen
ca8 · 1985 · cited in 2 New Mexico opinions naming this issue, 2014–2014
2 sentences

2014See Berg, 755 F.2d at 1347 (holding that under the Mathews test, the claimant showed “no significant injury caused by inadequate pre-termination notice” of hearing regarding unemployment benefits). {35} For all these reasons, I respectfully dissent from Part C of the Majority Opinion. ____________________________________ J.

2014See Berg, 755 F.2d at 1347 (holding that under the Mathews test, the claimant showed “no significant injury caused by inadequate pre-termination notice” of hearing regarding unemployment benefits). {35} For all these reasons, I respectfully dissent from Part C of the Majority Opinion. ____________________________________ J.

22
State Ex Rel. Children, Youth & Families Department v. Maria C.green
nmctapp · 2004 · cited in 2 New Mexico opinions naming this issue, 2013–2013
2 sentences

2013Id.

2013Id.

22
In Re the Termination of Parental Rights With Regard to Samantha D.green
nmctapp · 1987 · cited in 2 New Mexico opinions naming this issue, 2000–2000
2 sentences

2000In re Samantha D., 106 N.M. 184, 186 , 740 P.2d 1168, 1170 (Ct.App.1987). {24} In balancing the parent's rights and interest and the State's rights and interest in the case before us, the determinative factor is the second prong of the Mathews test: whether the procedures used increased the risk of an erroneous deprivation of that interest and whether additional safeguards would eliminate or lower that risk.

2000In re Samantha D., 106 N.M. 184, 186 , 740 P.2d 1168, 1170 (Ct.App.1987). {24} In balancing the parent's rights and interest and the State's rights and interest in the case before us, the determinative factor is the second prong of the Mathews test: whether the procedures used increased the risk of an erroneous deprivation of that interest and whether additional safeguards would eliminate or lower that risk.

22
State ex rel. Children, Youth & Families Department v. Mafin M.green
nm · 2003 · cited in 7 New Mexico opinions naming this issue, 2004–2013
2 sentences

2013In light of that balance, our Supreme Court has stated that “the decisive issue centers on the second factor of the Mathews test.” Mafin M., 2003-NMSC-015, ¶ 20 .

2013In light of that balance, our Supreme Court has stated that “the decisive issue centers on the second factor of the Mathews test.” Mafin M., 2003-NMSC-015, ¶ 20 .

17
In the Matter of Pamela AGgreen
nm · 2006 · cited in 3 New Mexico opinions naming this issue, 2006–2023
2 sentences

2023Dep’t v. Pamela R.D.G., 2006-NMSC-019, ¶ 13 , 139 N.M. 459 , 134 P.3d 746 (employing the Mathews test to assess whether the parents’ due process rights were violated).

2023Dep’t v. Pamela R.D.G., 2006-NMSC-019, ¶ 13 , 139 N.M. 459 , 134 P.3d 746 (employing the Mathews test to assess whether the parents’ due process rights were violated).

13
State v. Houidobregreen
nm · 2024 · cited in 1 New Mexico opinions naming this issue, 2025–2025
1 sentence

2025See Houidobre, 2025-NMSC-007, ¶ 27 (explaining 8 that “New Mexico courts apply the three-factor test” from Mathews “to determine 9 whether the administrative procedures employed comport with the Fourteenth 10 Amendment”); Cooley, 2023-NMCA-089 , ¶ 31 (“If there is a protected interest that 11 has been deprived by the state, answering whether procedural due process was 12 provided requires us to balance that interest against the state’s interests as guided by 13 the factors in Mathews.”); see also State v. Rotherham, 1996-NMSC-048 , ¶ 51, 122 14 N.M. 246 , 923 P.2d 1131 (stating that the United

11
In Re Com'n Investigationgreen
nm · 1999 · cited in 1 New Mexico opinions naming this issue, 2023–2023
2 sentences

2023See In re Comm’n Investigation Into 1997 Earnings of U.S. West Commc’ns, Inc., 1999-NMSC-016, ¶ 26 , 127 N.M. 254 , 980 P.2d 37 (setting out the Mathews factors to be examined in an administrative-proceeding due process challenge).

2023See In re Comm’n Investigation Into 1997 Earnings of U.S. West Commc’ns, Inc., 1999-NMSC-016, ¶ 26 , 127 N.M. 254 , 980 P.2d 37 (setting out the Mathews factors to be examined in an administrative-proceeding due process challenge).

11
State v. Jose S.green
nmctapp · 2007 · cited in 1 New Mexico opinions naming this issue, 2016–2016
2 sentences

2016See State v. Jose S., 2007-NMCA-146, ¶ 20 , 5 142 N.M. 829 , 171 P.3d 768 (“In the absence of prejudice, there is no reversible 6 error.” (internal quotation marks and citation omitted)). 7 {18} We therefore turn to Protestants’ argument that the introduction of the 210-day 8 deadline argument at the hearing constitutes a violation of their due process. 9 Protestants contend that the second factor in the balancing test from Mathews v. 10 Eldridge, 424 U.S. 319 (1976), is relevant. [MIO 6] “We weigh three factors under 11 the Mathews test: (1) the [taxpayer’s] interest, (2) the risk to the [tax

2016See State v. Jose S., 2007-NMCA-146, ¶ 20 , 5 142 N.M. 829 , 171 P.3d 768 (“In the absence of prejudice, there is no reversible 6 error.” (internal quotation marks and citation omitted)). 7 {18} We therefore turn to Protestants’ argument that the introduction of the 210-day 8 deadline argument at the hearing constitutes a violation of their due process. 9 Protestants contend that the second factor in the balancing test from Mathews v. 10 Eldridge, 424 U.S. 319 (1976), is relevant. [MIO 6] “We weigh three factors under 11 the Mathews test: (1) the [taxpayer’s] interest, (2) the risk to the [tax

11
State v. JOSE S.green
nmctapp · 2007 · cited in 1 New Mexico opinions naming this issue, 2016–2016
2 sentences

2016See State v. Jose S., 2007-NMCA-146, ¶ 20 , 5 142 N.M. 829 , 171 P.3d 768 (“In the absence of prejudice, there is no reversible 6 error.” (internal quotation marks and citation omitted)). 7 {18} We therefore turn to Protestants’ argument that the introduction of the 210-day 8 deadline argument at the hearing constitutes a violation of their due process. 9 Protestants contend that the second factor in the balancing test from Mathews v. 10 Eldridge, 424 U.S. 319 (1976), is relevant. [MIO 6] “We weigh three factors under 11 the Mathews test: (1) the [taxpayer’s] interest, (2) the risk to the [tax

2016See State v. Jose S., 2007-NMCA-146, ¶ 20 , 5 142 N.M. 829 , 171 P.3d 768 (“In the absence of prejudice, there is no reversible 6 error.” (internal quotation marks and citation omitted)). 7 {18} We therefore turn to Protestants’ argument that the introduction of the 210-day 8 deadline argument at the hearing constitutes a violation of their due process. 9 Protestants contend that the second factor in the balancing test from Mathews v. 10 Eldridge, 424 U.S. 319 (1976), is relevant. [MIO 6] “We weigh three factors under 11 the Mathews test: (1) the [taxpayer’s] interest, (2) the risk to the [tax

11
Millar v. N.M. Dep't of Workforce Solutionsgreen
nmctapp · 2013 · cited in 1 New Mexico opinions naming this issue, 2014–2014
2 sentences

2014See Sandia, 2002-NMCA-057, ¶ 10 (“Procedural due process is a flexible right and the amount of process due depends on the particular circumstances of each case.” 2 In Millar, a case in which our Supreme Court elected not to grant certiorari, we recognized that the claimant sought a waiver of money owed for benefits to which a claimant was disqualified and to which he had “no vested right.” 2013-NMCA-055 , ¶ 16.

2014See Sandia, 2002-NMCA-057, ¶ 10 (“Procedural due process is a flexible right and the amount of process due depends on the particular circumstances of each case.” 2 In Millar, a case in which our Supreme Court elected not to grant certiorari, we recognized that the claimant sought a waiver of money owed for benefits to which a claimant was disqualified and to which he had “no vested right.” 2013-NMCA-055 , ¶ 16.

11
In Re JTGgreen
texapp · 2003 · cited in 1 New Mexico opinions naming this issue, 2007–2007
2 sentences

2007See In re Shaeffer Children, 85 Ohio App.3d 683 , 621 N.E.2d 426, 430-31 (1993) (applying the Mathews test and determining that the parent was entitled to the assistance of a psychiatrist); In re J.T.G., 121 S.W.3d 117, 130 (Tex.App.2003) (declining to extend Ake outside the criminal context).

2007See In re Shaeffer Children, 85 Ohio App.3d 683 , 621 N.E.2d 426, 430-31 (1993) (applying the Mathews test and determining that the parent was entitled to the assistance of a psychiatrist); In re J.T.G., 121 S.W.3d 117, 130 (Tex.App.2003) (declining to extend Ake outside the criminal context).

11
In Re Shaeffer Childrengreen
ohioctapp · 1993 · cited in 1 New Mexico opinions naming this issue, 2007–2007
11
Lawrence v. City of Rawlins, WYgreen
ca10 · 2005 · cited in 1 New Mexico opinions naming this issue, 2006–2006
11
Miller v. County of Santa Cruzgreen
cand · 1992 · cited in 1 New Mexico opinions naming this issue, 2005–2005
11
R. G. Britton, Appellant-Cross v. Harold Eugene Rogers, Appellee-Crossgreen
ca8 · 1980 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
Project Release v. Prevostgreen
ca1 · 1983 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
Cleveland Board of Education v. Loudermillgreen
scotus · 1985 · cited in 1 New Mexico opinions naming this issue, 1998–1998
11
cluster 729996green
ca10 · 1996 · cited in 1 New Mexico opinions naming this issue, 1998–1998
11
Goss v. Lopezgreen
scotus · 1975 · cited in 1 New Mexico opinions naming this issue, 1998–1998
11
State v. Joynergreen
conn · 1993 · cited in 1 New Mexico opinions naming this issue, 1997–1997
11
United States v. Allied Oil Corp.green
scotus · 1951 · cited in 1 New Mexico opinions naming this issue, 1997–1997
11
United States v. Salernogreen
scotus · 1987 · cited in 1 New Mexico opinions naming this issue, 1997–1997
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Morrissey v. Brewer green
scotus · 1972
2 sentences

2024In sum, flexibility “is a recognition that not all situations calling for procedural safeguards call for the same kind of procedure.” Id. {18} New Mexico has long recognized that “[t]he Mathews test is the appropriate analytical framework for a due process issue.” Archuleta v. Santa Fe Police Dep’t ex rel.

2024In sum, flexibility “is a 16 recognition that not all situations calling for procedural safeguards call for the same 17 kind of procedure.” Id. 18 {18} New Mexico has long recognized that “[t]he Mathews test is the appropriate 19 analytical framework for a due process issue.” Archuleta v. Santa Fe Police Dep’t 20 ex rel.

32005–2024
State ex rel. Children, Youth & Families Department v. Brandy S. green
nmctapp · 2007
2 sentences

2023“The Mathews test requires the weighing of [the parent’s] interest; the risk to [the parent] of an erroneous deprivation through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and the government’s interest.” Id. “[T]he decisive issue centers on the second factor of the Mathews test,” that is, whether the procedures used increased the risk of erroneous deprivation of a parent’s interest in parenting her children, and whether additional procedural safeguards would eliminate or lower that risk.

2023“The Mathews test requires the weighing of [the parent’s] interest; the risk to [the parent] of an erroneous deprivation through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and the government’s interest.” Id. “[T]he decisive issue centers on the second factor of the Mathews test,” that is, whether the procedures used increased the risk of erroneous deprivation of a parent’s interest in parenting her children, and whether additional procedural safeguards would eliminate or lower that risk.

22021–2023
Lopez v. LeMaster green
nm · 2002
2 sentences

2023Although the state has an interest in keeping probationers on probation, a 9 hearing which permits the district court to consider the likelihood of release but for 10 the delay does not impose any additional financial or administrative burdens. 11 Accordingly, each of the Mathews factors weighs in favor of concluding that 12 Defendants were continued on probation without being afforded procedural due 13 process. 14 {53} “[R]emedies for constitutional violations should be narrowly tailored.” Lopez 15 v. Lemaster, 2003-NMSC-003, ¶ 21 , 133 N.M. 59 , 61 P.3d 185 .

2023Although the state has an interest in keeping probationers on probation, a 9 hearing which permits the district court to consider the likelihood of release but for 10 the delay does not impose any additional financial or administrative burdens. 11 Accordingly, each of the Mathews factors weighs in favor of concluding that 12 Defendants were continued on probation without being afforded procedural due 13 process. 14 {53} “[R]emedies for constitutional violations should be narrowly tailored.” Lopez 15 v. Lemaster, 2003-NMSC-003, ¶ 21 , 133 N.M. 59 , 61 P.3d 185 .

22023–2023
State v. Bonilla green
nm · 2000
2 sentences

2024See State v. Rotherham, 1996- 13 NMSC-048, ¶ 51, 122 N.M. 246 , 923 P.2d 1131 (noting the Mathews test is applied 14 in both civil and criminal contexts); State v. Cooley, 2023-NMCA-089 , ¶ 31, 538 15 P.3d 491 (noting that in answering what procedural due process is owed requires 16 “balanc[ing] that interest against the state’s interests as guided by the factors in 17 Mathews”).

2024See State v. Rotherham, 1996- 13 NMSC-048, ¶ 51, 122 N.M. 246 , 923 P.2d 1131 (noting the Mathews test is applied 14 in both civil and criminal contexts); State v. Cooley, 2023-NMCA-089 , ¶ 31, 538 15 P.3d 491 (noting that in answering what procedural due process is owed requires 16 “balanc[ing] that interest against the state’s interests as guided by the factors in 17 Mathews”).

12024–2024
State v. Cooley green
nmctapp · 2023
2 sentences

2024See State v. Rotherham, 1996- NMSC-048, ¶ 51, 122 N.M. 246 , 923 P.2d 1131 (noting the Mathews test is applied in both civil and criminal contexts); State v. Cooley, 2023-NMCA-089 , ¶ 31, 538 P.3d 491 (noting that in answering what procedural due process is owed requires “balanc[ing] that interest against the state’s interests as guided by the factors in Mathews”).

2024See State v. Rotherham, 1996- NMSC-048, ¶ 51, 122 N.M. 246 , 923 P.2d 1131 (noting the Mathews test is applied in both civil and criminal contexts); State v. Cooley, 2023-NMCA-089 , ¶ 31, 538 P.3d 491 (noting that in answering what procedural due process is owed requires “balanc[ing] that interest against the state’s interests as guided by the factors in Mathews”).

12024–2024
State Ex Rel. Children, Youth v. Steve C. green
nmctapp · 2012
2 sentences

2016See State v. Jose S., 2007-NMCA-146, ¶ 20 , 5 142 N.M. 829 , 171 P.3d 768 (“In the absence of prejudice, there is no reversible 6 error.” (internal quotation marks and citation omitted)). 7 {18} We therefore turn to Protestants’ argument that the introduction of the 210-day 8 deadline argument at the hearing constitutes a violation of their due process. 9 Protestants contend that the second factor in the balancing test from Mathews v. 10 Eldridge, 424 U.S. 319 (1976), is relevant. [MIO 6] “We weigh three factors under 11 the Mathews test: (1) the [taxpayer’s] interest, (2) the risk to the [tax

2016See State v. Jose S., 2007-NMCA-146, ¶ 20 , 5 142 N.M. 829 , 171 P.3d 768 (“In the absence of prejudice, there is no reversible 6 error.” (internal quotation marks and citation omitted)). 7 {18} We therefore turn to Protestants’ argument that the introduction of the 210-day 8 deadline argument at the hearing constitutes a violation of their due process. 9 Protestants contend that the second factor in the balancing test from Mathews v. 10 Eldridge, 424 U.S. 319 (1976), is relevant. [MIO 6] “We weigh three factors under 11 the Mathews test: (1) the [taxpayer’s] interest, (2) the risk to the [tax

12016–2016
Little v. Streater green
scotus · 1981
2 sentences

2007Yet the United States Supreme Court in Ake noted that in a previous case it had extended due process to "quasi-criminal" proceedings, like paternity actions, to afford an indigent person meaningful access to justice. 470 U.S. at 76-77 , 105 S.Ct. 1087 (citing Little v. Streater, 452 U.S. 1 , 101 S.Ct. 2202 , 68 L.Ed.2d 627 (1981)).

2007Yet the United States Supreme Court in Ake noted that in a previous case it had extended due process to "quasi-criminal" proceedings, like paternity actions, to afford an indigent person meaningful access to justice. 470 U.S. at 76-77 , 105 S.Ct. 1087 (citing Little v. Streater, 452 U.S. 1 , 101 S.Ct. 2202 , 68 L.Ed.2d 627 (1981)).

12007–2007
Ake v. Oklahoma green
scotus · 1985
2 sentences

2007In applying the Mathews test, the Court determined that "the governmental interest in denying [the defendant] the assistance of a psychiatrist is not substantial, in light of the compelling interest of both the State and the individual in accurate dispositions." Id. at 79, 105 S.Ct. 1087 .

2007In applying the Mathews test, the Court determined that "the governmental interest in denying [the defendant] the assistance of a psychiatrist is not substantial, in light of the compelling interest of both the State and the individual in accurate dispositions." Id. at 79, 105 S.Ct. 1087 .

12007–2007
Douglas Miller v. County of Santa Cruz green
ca9 · 1994
12005–2005
State ex rel. Children, Youth & Families Department v. McD. green
nmctapp · 2000
12003–2003
STATE EX REL. CYFD v. Anne McD. green
nmctapp · 2000
12003–2003
Santosky v. Kramer green
scotus · 1982
12001–2001
United States v. Woods green
vaed · 1996
12001–2001
Breed v. Jones green
scotus · 1975
12001–2001
Patterson v. Board of Regents of the University of Wisconsin System green
wis · 1984
12001–2001
Addington v. Texas green
scotus · 1979
12001–2001
State v. Woodruff green
nm · 1997
11998–1998

Statutes the citing opinions construe

NM § N.M. Stat. § 32A-4-28 (19) NM § N.M. Stat. § 32A-4-2 (14) NM § N.M. Stat. § 32A-4-22 (10) NM § N.M. Stat. § 32A-4-1 (9) NM § N.M. Stat. § 32A-4-25 (9) NM § N.M. Stat. § 32A-4-19 (7) NM § N.M. Stat. § 32A-4-25.1 (7) NM § N.M. Stat. § 32A-1-3 (6) NM § N.M. Stat. § 32A-4-29 (6) NM § N.M. Stat. § 51-1-1 (5) NM § N.M. Stat. § 51-1-38 (5) NM § N.M. Stat. § 51-1-8 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 92 (1986–2026) NM 58 (1997–2025) IL 57 (1979–2026) CA 40 (1981–2025) PA 26 (1990–2025) NJ 25 (1990–2026) CT 22 (1996–2025) IN 21 (1995–2025) OH 20 (1986–2025) MN 20 (1991–2026) TX 15 (1990–2024) OR 11 (1993–2026) MD 11 (1998–2021) IA 10 (2012–2025) NY 10 (1998–2024) AZ 10 (1999–2025) ME 9 (2000–2022) AK 9 (2000–2025) KS 8 (1995–2024) HI 7 (1993–2026) ID 6 (2006–2013) WI 6 (1986–2025) WY 5 (1995–2025) MA 5 (2005–2017) UT 4 (1995–2014) MS 4 (2008–2021) MO 4 (1998–2023) KY 4 (2005–2024) VT 3 (1993–2017) MT 3 (1998–2008) NE 3 (2001–2017) VA 3 (2002–2019) GA 3 (1997–2022) RI 3 (1994–2015) ND 3 (2007–2007) CO 3 (1988–2025) DC 2 (1994–2024) LA 2 (1989–1994) SD 2 (2011–2022) SC 2 (1996–2022) MI 2 (1985–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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