State Ex Rel. Human Services Department v. Aguirre

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• deciding whether issue presented at trial involved legal or equitable rights
• discussing N.M. Const. Art. II, Sec. 12, which provides that the right to a trial by jury “as it has heretofore existed” shall remain inviolate
• by establishing paternity the state ensures that the child is financially cared for by the father and that “such responsibility does not needlessly fall on the state”
• legislature’s adoption of paternity statute in 1923, which statute gave right to jury trial in such cases, was not effective to confer right to jury trial under the constitution
• repeal of statute that expressly provided for jury trial, coupled with absence of mention of jury trial in new statute, led this Court to presume that legislature’s omission was intentional and that there was no right to jury trial under new statute

Source: CourtListener parenthetical corpus (CC0).