enduring principle in New Mexico

53 New Mexico opinions name it 2 courts 1994–2025 18 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 (11)

Case	Followed	Cited
Schlieter v. Carlosgreen nm · 1989 · cited in 26 New Mexico opinions naming this issue, 1998–2024 2 sentences 2022“It is an enduring principle of constitutional jurisprudence that 19 courts will avoid deciding constitutional questions unless required to do so.” Schlieter v. Carlos, 1989-NMSC-037 , ¶ 13, 108 N.M. 507 , 775 P.2d 709 . 2022“It is an enduring principle of constitutional jurisprudence that 19 courts will avoid deciding constitutional questions unless required to do so.” Schlieter v. Carlos, 1989-NMSC-037 , ¶ 13, 108 N.M. 507 , 775 P.2d 709 .	18	26
Allen v. LeMastergreen nm · 2011 · cited in 19 New Mexico opinions naming this issue, 2016–2025 2 sentences 2025See Allen v. LeMaster, 11 2012-NMSC-001, ¶ 28 , 267 P.3d 806 (“It is an enduring principle of constitutional 12 jurisprudence that courts will avoid deciding constitutional questions unless required 13 to do so.” (internal quotation marks and citation omitted)). 2025See Allen v. LeMaster, 2012-NMSC-001, ¶ 28 , 267 P.3d 806 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)).	15	19
State v. Thompsongreen nm · 2022 · cited in 2 New Mexico opinions naming this issue, 2024–2024 2 sentences 2024See State v. Thompson, 2022-NMSC-023 , ¶ 29, 521 P.3d 64 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)). who owns, controls, or lawfully possesses property has a legitimate expectation of privacy.” Id. {11} Officer Wrye testified at trial that Defendant was the only person in the vehicle when he stopped it and that he had not seen anyone else drive the vehicle. 2024See State v. Thompson, 2022-NMSC-023 , ¶ 29, 521 P.3d 64 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)). 5 1 zipper bag.	2	2
Morris v. Brandenburggreen nm · 2016 · cited in 2 New Mexico opinions naming this issue, 2017–2017 2 sentences 2017See Morris v. Brandenburg, 9 1 2016-NMSC-027, ¶ 14 , 376 P.3d 836 (noting that if a statutory determination will 2 resolve the case, “we need not address [p]etitioners’ constitutional claims”); Allen v. 3 LeMaster, 2012-NMSC-001, ¶ 28 , 267 P.3d 806 (“It is an enduring principle of 4 constitutional jurisprudence that courts will avoid deciding constitutional questions 5 unless required to do so.”). 6 {12} Section 1-14-3 provides, “Any action to contest an election shall be 7 commenced by filing a verified complaint of contest in the district court . . . . 2017See Morris v. Brandenburg, 2016-NMSC-027, ¶ 14 , 376 P.3d 836 (noting that if a statutory determination will resolve the case, “we need not address [p]etitioners’ constitutional claims”); Allen v. LeMaster, 2012-NMSC-001, ¶ 28 , 267 P.3d 806 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.”). {12} Section 1-14-3 provides, “Any action to contest an election shall be commenced by filing a verified complaint of contest in the district court . . . .	2	2
Johnson v. Lallygreen nmctapp · 1994 · cited in 2 New Mexico opinions naming this issue, 2002–2003 2 sentences 2003See Johnson v. Lally, 118 N.M. 795, 799 , 887 P.2d 1262, 1266 (Ct.App.1994) (refusing to grant declaratory relief where it would not address the party’s injury, but would “answer a hypothetical question of constitutional law”) (internal quotation marks and citation omitted); cf. Schlieter, 108 N.M. at 510 , 775 P.2d at 712 (“Kit is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so,” and then they will presume the constitutionality of a statute). {26} We also acknowledge the implicit tension between the public 2003See Johnson v. Lally, 118 N.M. 795, 799 , 887 P.2d 1262, 1266 (Ct.App.1994) (refusing to grant declaratory relief where it would not address the party’s injury, but would “answer a hypothetical question of constitutional law”) (internal quotation marks and citation omitted); cf. Schlieter, 108 N.M. at 510 , 775 P.2d at 712 (“Kit is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so,” and then they will presume the constitutionality of a statute). {26} We also acknowledge the implicit tension between the public	2	2
In Re McConnellgreen scotus · 1962 · cited in 1 New Mexico opinions naming this issue, 2022–2022 1 sentence 2022See Allen v. LeMaster, 2012-NMSC-001, ¶ 28 , 267 P.3d 806 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)). advocacy” for criminal defendants, and quotes In re McConnell, 370 U.S. 230, 236 (1962) for the proposition that counsel must “be able to make honest good-faith efforts to present their clients’ cases.” The State counters that the public has a strong interest in having persons obey lawful court orders and that both the public and criminal defen	1	1
State v. Sanchezgreen nmctapp · 2015 · cited in 1 New Mexico opinions naming this issue, 2020–2020 1 sentence 2020See State v. Sanchez, 2015-NMCA-084, ¶ 8 , 355 P.3d 795 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)). {19} Defendant takes issue with Officer Daniel’s inability to define illegal exhibition of speed or acceleration in reference to the driver’s intent to put on a display for others at the suppression hearing.	1	1
State v. Prattgreen nmctapp · 2005 · cited in 1 New Mexico opinions naming this issue, 2018–2018 2 sentences 2018We have repeatedly 15 declined to decide constitutional questions unless necessary to the disposition of 16 the case.” (internal quotation marks and citation omitted)); see also State v. Pratt, 17 2005-NMCA-099, ¶ 1 , 138 N.M. 161 , 117 P.3d 967 (explaining that, when one 18 issue is dispositive, this Court need not reach the merits of the other issues). 2018We have repeatedly 15 declined to decide constitutional questions unless necessary to the disposition of 16 the case.” (internal quotation marks and citation omitted)); see also State v. Pratt, 17 2005-NMCA-099, ¶ 1 , 138 N.M. 161 , 117 P.3d 967 (explaining that, when one 18 issue is dispositive, this Court need not reach the merits of the other issues).	1	1
State v. Gallegosgreen nmctapp · 2007 · cited in 1 New Mexico opinions naming this issue, 2014–2014 2 sentences 2014To the extent that Defendant suggests that the destruction 13 of the records precluded him from presenting to the district court the factual predicate 14 for his 2002 conviction, there is nothing in the record to support such a contention. 15 Also, the record shows that Defendant never asked the district court for a hearing to 16 reconstruct the record in order to establish the facts underlying his 2002 conviction. 17 See, e.g., State v. Gallegos, 2007-NMCA-112, ¶ 18 , 142 N.M. 447 , 166 P.3d 1101 18 (noting that “an evidentiary hearing may be held to reconstruct a lost or destroyed 6 1 record 2014To the extent that Defendant suggests that the destruction 13 of the records precluded him from presenting to the district court the factual predicate 14 for his 2002 conviction, there is nothing in the record to support such a contention. 15 Also, the record shows that Defendant never asked the district court for a hearing to 16 reconstruct the record in order to establish the facts underlying his 2002 conviction. 17 See, e.g., State v. Gallegos, 2007-NMCA-112, ¶ 18 , 142 N.M. 447 , 166 P.3d 1101 18 (noting that “an evidentiary hearing may be held to reconstruct a lost or destroyed 6 1 record	1	1
State v. Rendlemangreen nmctapp · 2003 · cited in 1 New Mexico opinions naming this issue, 2007–2007 2 sentences 2007See State v. Rendleman, 2003-NMCA-150, ¶ 37 , 134 N.M. 744 , 82 P.3d 554 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)). 2007See State v. Rendleman, 2003-NMCA-150, ¶ 37 , 134 N.M. 744 , 82 P.3d 554 (“It is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)).	1	1
Luevano v. Maestasgreen nmctapp · 1994 · cited in 1 New Mexico opinions naming this issue, 2002–2002 2 sentences 2002Luevano v. Maestas, 117 N.M. 580, 587 , 874 P.2d 788, 795 (Ct.App.1994). 2002Luevano v. Maestas, 117 N.M. 580, 587 , 874 P.2d 788, 795 (Ct.App.1994).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
City of Las Cruces v. El Paso Electric Co. green nm · 1998 2 sentences 2016Co., 1998-NMSC-006, ¶ 21 , 124 N.M. 640 , 954 P.2d 72 (“[I]t is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)). 2016Co., 1998-NMSC-006, ¶ 21 , 124 N.M. 640 , 954 P.2d 72 (“[I]t is an enduring principle of constitutional jurisprudence that courts will avoid deciding constitutional questions unless required to do so.” (internal quotation marks and citation omitted)).	3	2016–2016
Gunaji v. MacIas green nm · 2001 2 sentences 2017Such 8 complaint shall be filed no later than thirty days from issuance of the certificate of . . . 9 election to the successful candidate.” The thirty-day limit “accords with the need for 10 speedy resolution of election contests[.]” Gunaji, 2001-NMSC-028, ¶ 26 . 2017Such complaint shall be filed no later than thirty days from issuance of the certificate of . . . election to the successful candidate.” The thirty-day limit “accords with the need for speedy resolution of election contests[.]” Gunaji, 2001-NMSC-028, ¶ 26 .	2	2017–2017
State v. McDuffie green nmctapp · 1987 2 sentences 2023Cf. State v. McDuffie, 1987-NMCA-077 , ¶¶ 3, 13-14, 106 N.M. 120 , 739 P.2d 989 (addressing the defendant’s unpreserved constitutional argument that the statute prohibiting him from carrying a concealed weapon violates the equal protection rights of those without a home or vehicle and observing that the defendant was “homeless” and a “‘street person’” who received mail at a shelter, showing the existence of facts establishing that the defendant was among the people he sought to protect). 2023Cf. State v. McDuffie, 1987-NMCA-077 , ¶¶ 3, 13-14, 106 N.M. 120 , 739 P.2d 989 (addressing the defendant’s unpreserved constitutional argument that the statute prohibiting him from carrying a concealed weapon violates the equal protection rights of those without a home or vehicle and observing that the defendant was “homeless” and a “‘street person’” who received mail at a shelter, showing the existence of facts establishing that the defendant was among the people he sought to protect).	1	2023–2023
Lovelace Medical Center v. Mendez Ex Rel. Mendez green nm · 1991 2 sentences 2022Ctr. v. Mendez, 1991-NMSC-002 , ¶ 12, 111 N.M. 336 , 805 P.2d 603 (“It is, of course, a well-established principle of statutory construction that statutes should be construed, if possible, to avoid constitutional questions.”). {11} Under the NMUPA, a presumption of paternity arises when a child is born during a marriage. 2022Ctr. v. Mendez, 1991-NMSC-002 , ¶ 12, 111 N.M. 336 , 805 P.2d 603 (“It is, of course, a well-established principle of statutory construction that statutes should be construed, if possible, to avoid constitutional questions.”). {11} Under the NMUPA, a presumption of paternity arises when a child is born during a marriage.	1	2022–2022
Alliance Health of Santa Teresa, Inc. v. National Presto Industries, Inc. green nmctapp · 2007 2 sentences 2022Health of Santa Teresa, Inc. v. Nat’l Presto Indus., Inc., 2007-NMCA-157, ¶ 7 , 143 N.M. 133 , 173 P.3d 55 . 2022Health of Santa Teresa, Inc. v. Nat’l Presto Indus., Inc., 2007-NMCA-157, ¶ 7 , 143 N.M. 133 , 173 P.3d 55 .	1	2022–2022
Herrera v. Sanchez green nm · 2014 1 sentence 2018Defendants Were Not Required to Show Prosecutorial Bad Faith or Prejudice Because the Failure to Allow Defendants to Testify Before the Grand Jury Was a Structural Defect in the Grand Jury Proceeding {14} Our Supreme Court has explained that "[c]hallenges arising from grand jury proceedings ordinarily fall into two categories: (1) challenges to the quality or sufficiency of the evidence before the grand jury and (2) structural challenges involving the manner in which the grand jury process has been conducted." Herrera v. Sanchez , 2014-NMSC-018 , ¶ 12, 328 P.3d 1176 .	1	2018–2018
United States v. Classic green scotus · 1941 2 sentences 1994United States v. Classic, 313 U.S. 299, 315-16 , 61 S.Ct. 1031, 1038 , 85 L.Ed. 1368 , reh’g denied, 314 U.S. 707 , 62 S.Ct. 51 , 86 L.Ed. 565 (1941). [Wjhile the meaning of constitutional guaranties never varies, the scope of their application must expand or contract to meet the new and different conditions which are constantly coming within the field of their operation. 1994United States v. Classic, 313 U.S. 299, 315-16 , 61 S.Ct. 1031, 1038 , 85 L.Ed. 1368 , reh’g denied, 314 U.S. 707 , 62 S.Ct. 51 , 86 L.Ed. 565 (1941). [Wjhile the meaning of constitutional guaranties never varies, the scope of their application must expand or contract to meet the new and different conditions which are constantly coming within the field of their operation.	1	1994–1994
Spruill v. Ballard green scotus · 1941 1 sentence 1994United States v. Classic, 313 U.S. 299, 315-16 , 61 S.Ct. 1031, 1038 , 85 L.Ed. 1368 , reh’g denied, 314 U.S. 707 , 62 S.Ct. 51 , 86 L.Ed. 565 (1941). [Wjhile the meaning of constitutional guaranties never varies, the scope of their application must expand or contract to meet the new and different conditions which are constantly coming within the field of their operation.	1	1994–1994

Statutes the citing opinions construe

NM § N.M. Stat. § 34-5-14 (10) NM § N.M. Stat. § 41-5-1 (5) NM § N.M. Stat. § 44-6-1 (5) NM § N.M. Stat. § 41-5-5 (4) NM § N.M. Stat. § 10-7E-1 (3) NM § N.M. Stat. § 10-7E-26 (3) NM § N.M. Stat. § 30-2-1 (3) NM § N.M. Stat. § 30-28-2 (3) NM § N.M. Stat. § 30-31-23 (3) NM § N.M. Stat. § 38-1-1 (3) NM § N.M. Stat. § 41-5-13 (3) NM § N.M. Stat. § 44-6-4 (3)

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

NM 53 (1994–2025) IL 6 (2002–2011) FL 5 (1998–2023) IA 3 (2022–2022) OH 3 (1997–2005) CA 2 (1994–2013) MD 2 (2016–2020)

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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