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MATTER OF DOE

No. 14692.

666 P.2d 771 (1983)

100 N.M. 92

In the Matter of John DOE, a child. STATE of New Mexico, ex rel. HUMAN SERVICES DEPARTMENT, PETITIONER, v. Julie STAPLES, Respondent.

Supreme Court of New Mexico.

February 18, 1983.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., James W. Catron, Asst. Atty. Gen., Human Services Dept., Santa Fe, for petitioner.

Jefferson R. Rhodes, Alamogordo, for Scott.

Elaine Moore Hebard, Hebard & Hebard, Alamogordo, guardian ad litem for John Doe.

Jack Whorton, Alamogordo, for respondent.

OPINION ON CERTIORARI

STOWERS, Justice.

This Court granted certiorari in State of New Mexico ex rel. Human Services v. Staples, in which the Court of Appeals addressed the constitutionality of Section 40-7-4(B)(4), N.M.S.A. 1978 (Cum.Supp. 1982). The Court of Appeals held that Section 40-7-4(B)(4) was void for vagueness and therefore reversed the decision of the trial court. Judge Walters dissented from the...

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