State v. Druktenis

New Mexico Court of Appeals

Decided January 30, 2004

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New Mexico Court of Appeals · decided 2004-01-30

Relies on City of Santa Fe v. Komis

Good law ✅— No negative treatment on recordhow we know

Decided 2004-01-30

How this case has been cited

Cited by 90 later decisions — most recently September 2023 · most notably 213 Ill. 2d 178 - People v. Cornelius (2004), Doe v. City of Albuquerque (2012)

2 federal appellate · 2 district · 86 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CASTILLO, Judge

¶1(specially concurring).

¶2{136} I concur in all of Judge Sutin’s opinion, except the inclusion of the equal protection analysis in Part V of the opinion. While I agree that the analyses for substantive due process and for equal protection are similar, Defendant did not brief the equal protection argument. Issues not briefed are not normally reviewed by the appellate court. See City of Santa Fe v. Komis, 114 N.M. 659, 665, 845 P.2d 753, 759 (1992). Further, the issues in this opinion can be decided without an equal protection analysis. Consequently, I specially concur to voice my concern about this portion of the opinion.