Supreme Court of New Mexico
Decision Information
Richardson v. Duggar - cited by 12 documents
State ex rel. Apodaca v. Fiorina - cited by 5 documents
Decision Content
STATE EX REL. APODACA V. FIORINA, 1974-NMSC-050, 86 N.M. 494, 525 P.2d 854 (S. Ct. 1974)
STATE of New Mexico ex rel. A. L. Happy
APODACA and A. L.
Happy Apodaca, Relator,
vs.
Betty FIORINA, Secretary of State of the State of New
Mexico, and David L. Norvell, Attorney General of the
State of New Mexico, Respondents.
No. 9454
SUPREME COURT OF NEW MEXICO
1974-NMSC-050, 86 N.M. 494, 525 P.2d 854
June 14, 1974
Original Mandamus Proceeding
COUNSEL
Standley, Witt & Quinn, Bigbee, Byrd, Carpenter & Crout, Paul D. Gerber, Charles D. Olmsted, Santa Fe, for relator.
David L. Norvell, Atty. Gen., Santa Fe, William Dixon, Special Asst. Atty. Gen., Albuquerque, for respondents.
OPINION
PER CURIAM:
{1} This matter has come before us on remand of the case from the United States Supreme Court, 416 U.S. 918, 94 S. Ct. 1915, 40 L. Ed. 2d 276. Our original opinion was based on § 3-8-26, subd. A, N.M.S.A. 1953 (Repl. Vol. 1, 1970). This statute was repealed by the New Mexico State Legislature, Laws of 1973, chapter 228, § 11, thereby rendering the question moot.
{2} Therefore, the judgment of this Court entered herein on April 17, 1972,* is hereby vacated and this cause is dismissed.
* Editor's Note: The judgment was followed, on April 18, 1972, by an opinion (see 83 N.M. 663, 495 P.2d 1379).