good faith exception (New Mexico) · Go Syfert
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good faith exception in New Mexico

39 New Mexico opinions name it 2 courts 1930–2024 6 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 (30)

CaseFollowedCited
State v. Gutierrezgreen
nm · 1993 · cited in 10 New Mexico opinions naming this issue, 1997–2012
2 sentences

2012See Gutierrez, 116 N.M. at 432 , 863 P.2d at 1053 (rejecting a good-faith exception to the exclusionary rule as incompatible with New Mexico’s constitutional protections).

2012See Gutierrez, 116 N.M. at 432 , 863 P.2d at 1053 (rejecting a good-faith exception to the exclusionary rule as incompatible with New Mexico’s constitutional protections).

710
Palmer v. Denver & Rio Grande Western Railroad Co.green
nm · 1966 · cited in 3 New Mexico opinions naming this issue, 1967–2003
2 sentences

2003See, e.g., Palmer, 75 N.M. at 740 , 410 P.2d at 958 .

2003See, e.g., Palmer, 75 N.M. at 740 , 410 P.2d at 958 .

23
United States v. Leongreen
scotus · 1984 · cited in 10 New Mexico opinions naming this issue, 1985–2015
2 sentences

2015This good faith exception was founded upon an interest “to deter 5 police misconduct rather than to punish the errors of judges and magistrates.” Id. at 6 916.

2007Id. at 916 , 104 S.Ct. 3405 (footnote omitted). {11} Even before Leon, the Supreme Court described a good faith exception to the exclusionary rule in the context of a search incident to arrest.

110
State v. Marsalagreen
conn · 1990 · cited in 3 New Mexico opinions naming this issue, 1991–1997
2 sentences

1997I note that the Connecticut Supreme Court has rejected the good-faith exception, see State v. Marsala, 216 Conn. 150 , 579 A.2d 58 (1990), while ordinarily refusing to apply the exclusionary rule in probation-revocation proceedings, see Payne v. Robinson, 207 Conn. 565 , 541 A.2d 504 (1988). (31) Such analysis is unnecessary, however, if one adopts the view that the Fourth Amendment compels the exclusionary rule, regardless of pragmatic considerations.

1997I note that the Connecticut Supreme Court has rejected the good-faith exception, see State v. Marsala, 216 Conn. 150 , 579 A.2d 58 (1990), while ordinarily refusing to apply the exclusionary rule in probation-revocation proceedings, see Payne v. Robinson, 207 Conn. 565 , 541 A.2d 504 (1988). (31) Such analysis is unnecessary, however, if one adopts the view that the Fourth Amendment compels the exclusionary rule, regardless of pragmatic considerations.

13
State v. Cordovagreen
nm · 1989 · cited in 2 New Mexico opinions naming this issue, 2001–2009
2 sentences

2009In concluding that the Aguilar-Spinelli test, a two-pronged test formulated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), was better suited to the guarantees embedded in the New Mexico Constitution, we noted this Court’s “close acquaintance with the problems and traditions of our state,” Cordova, 109 N.M. at 216 n. 8, 784 P.2d at 35 n. 8, and determined that the principles underlying the Aguilar-Spinelli test were the same “principles ... firmly and

2009In concluding that the Aguilar-Spinelli test, a two-pronged test formulated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), was better suited to the guarantees embedded in the New Mexico Constitution, we noted this Court’s “close acquaintance with the problems and traditions of our state,” Cordova, 109 N.M. at 216 n. 8, 784 P.2d at 35 n. 8, and determined that the principles underlying the Aguilar-Spinelli test were the same “principles ... firmly and

12
Commonwealth v. Edmundsgreen
pa · 1991 · cited in 2 New Mexico opinions naming this issue, 1991–1993
2 sentences

1993See State v. Marsala, 216 Conn. 150 , 579 A.2d 58 (1990); State v. Guzman, 122 Idaho 981 , 842 P.2d 660 (1992); State v. Novembrino, 105 N.J. 95 , 519 A.2d 820 (1987); People v. Bigelow, 66 N.Y.2d 417 , 497 N.Y.S.2d 630 , 488 N.E.2d 451 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553 (1988); Commonwealth v. Edmunds, 526 Pa. 374 , 586 A.2d 887 (1991); State v. Oakes, 157 Vt. 171 , 598 A.2d 119 (1991); see also Mason v. State, 534 A.2d 242 (Del.1987) (rejecting good-faith exception on statutory grounds); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426 (1992) (same); Commonwealth v. Upton, 394

1993See State v. Marsala, 216 Conn. 150 , 579 A.2d 58 (1990); State v. Guzman, 122 Idaho 981 , 842 P.2d 660 (1992); State v. Novembrino, 105 N.J. 95 , 519 A.2d 820 (1987); People v. Bigelow, 66 N.Y.2d 417 , 497 N.Y.S.2d 630 , 488 N.E.2d 451 (1985); State v. Carter, 322 N.C. 709 , 370 S.E.2d 553 (1988); Commonwealth v. Edmunds, 526 Pa. 374 , 586 A.2d 887 (1991); State v. Oakes, 157 Vt. 171 , 598 A.2d 119 (1991); see also Mason v. State, 534 A.2d 242 (Del.1987) (rejecting good-faith exception on statutory grounds); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426 (1992) (same); Commonwealth v. Upton, 394

12
State v. Benallygreen
nmctapp · 2015 · cited in 1 New Mexico opinions naming this issue, 2021–2021
1 sentence

2021See State v. Benally, 2015-NMCA-053, ¶ 7 , 348 P.3d 1039 (“We will not read language into the statute that is not there, especially when the statute makes sense as written.” (alteration, internal quotation marks, and citation omitted)).

11
Ruegsegger v. Board of Regents of Western New Mexico Universitygreen
nmctapp · 2006 · cited in 1 New Mexico opinions naming this issue, 2021–2021
1 sentence

2021See Ruegsegger, 2007-NMCA-030, ¶ 39 . {21} We hold under New Mexico law that the termination provision’s good faith requirement renders the implied covenant inapplicable in this case.

11
Anderson Living Trust v. Conocophillips Co.green
nmd · 2013 · cited in 1 New Mexico opinions naming this issue, 2021–2021
1 sentence

2021See Anderson Living Tr. v. ConocoPhillips Co., LLC, 952 F. Supp.2d 979, 1031-32 (“Generally, in the absence of an express provision on the subject, a contract contains an implied covenant of good faith and fair dealing between the parties.” (internal quotation marks and citation omitted)).

11
Rivera v. Illinoisgreen
scotus · 2009 · cited in 1 New Mexico opinions naming this issue, 2010–2010
2 sentences

2010Cf. Rivera v. Illinois, -U.S.-,-, 129 S.Ct. 1446, 1453 , 173 L.Ed.2d 320 (2009) (“If a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court’s good-faith error is no matter of federal constitutional concern.”).

2010Cf. Rivera v. Illinois, -U.S.-,-, 129 S.Ct. 1446, 1453 , 173 L.Ed.2d 320 (2009) (“If a defendant is tried before a qualified jury composed of individuals not challengeable for cause, the loss of a peremptory challenge due to a state court’s good-faith error is no matter of federal constitutional concern.”).

11
Campos v. Stategreen
nm · 1994 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

11
Arizona v. Gantgreen
scotus · 2009 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

11
State v. Granvillegreen
nmctapp · 2006 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009Thus, according to the plain language of Gomez, to preserve his claim Defendant needed only to “assert[] the constitutional principle that provides the protection sought under the New Mexico Constitution” and “show[] the factual basis needed for the trial court to rule on the issue.” 1997-NMSC-006, ¶ 22 ; see also State v. Granville, 2006-NMCA-098, ¶ 13 , 140 N.M. 345 , 142 P.3d 933 (“When existing precedent construes a state constitutional provision as providing broader protection than its federal counterpart, the preservation of the state constitutional claim requires no more than preservati

2009Thus, according to the plain language of Gomez, to preserve his claim Defendant needed only to “assert[] the constitutional principle that provides the protection sought under the New Mexico Constitution” and “show[] the factual basis needed for the trial court to rule on the issue.” 1997-NMSC-006, ¶ 22 ; see also State v. Granville, 2006-NMCA-098, ¶ 13 , 140 N.M. 345 , 142 P.3d 933 (“When existing precedent construes a state constitutional provision as providing broader protection than its federal counterpart, the preservation of the state constitutional claim requires no more than preservati

11
State v. Granvillegreen
nmctapp · 2006 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009Thus, according to the plain language of Gomez , to preserve his claim Defendant needed only to "assert[] the constitutional principle that provides the protection sought under the New Mexico Constitution" and "show[] the factual basis needed for the trial court to rule on the issue." 1997-NMSC-006, ¶ 22 ; see also State v. Granville, 2006-NMCA-098, ¶ 13 , 140 N.M. 345 , 142 P.3d 933 ("When existing precedent construes a state constitutional provision as providing broader protection than its federal counterpart, the preservation of the state constitutional claim requires no more than preservat

2009Thus, according to the plain language of Gomez, to preserve his claim Defendant needed only to “assert[] the constitutional principle that provides the protection sought under the New Mexico Constitution” and “show[] the factual basis needed for the trial court to rule on the issue.” 1997-NMSC-006, ¶ 22 ; see also State v. Granville, 2006-NMCA-098, ¶ 13 , 140 N.M. 345 , 142 P.3d 933 (“When existing precedent construes a state constitutional provision as providing broader protection than its federal counterpart, the preservation of the state constitutional claim requires no more than preservati

11
State v. Gomezgreen
nm · 1997 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, ___ U.S. ___, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the "blanket federal rule" that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

11
United States v. Rossgreen
scotus · 1982 · cited in 1 New Mexico opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

2009See, e.g., Gomez, 1997-NMSC-006, ¶¶ 33-40 (requiring exigent circumstances to justify the warrantless search of an automobile, contrary to United States v. Ross, 456 U.S. 798, 800 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982), modified by Arizona v. Gant, — U.S. -, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009)); Campos v. State, 117 N.M. 155, 158 , 870 P.2d 117, 120 (1994) (declining to adopt the “blanket federal rule” that all warrantless arrests of felons where based on probable cause and in public places are constitutionally permissible); State v. Gutierrez, 116 N.M. 431, 432 , 863 P.2d 1052, 1053 (19

11
Dawson v. United Statesgreen
ca5 · 1995 · cited in 1 New Mexico opinions naming this issue, 2008–2008
11
Pincheira v. Allstate Insurancegreen
nmctapp · 2007 · cited in 1 New Mexico opinions naming this issue, 2008–2008
11
Gonzales v. Surgidev Corp.green
nm · 1995 · cited in 1 New Mexico opinions naming this issue, 2008–2008
11
Pincheira v. Allstate Insurance Co.green
nmctapp · 2007 · cited in 1 New Mexico opinions naming this issue, 2008–2008
11
Jones v. Britt Airways, Inc.green
ilnd · 1985 · cited in 1 New Mexico opinions naming this issue, 2002–2002
11
State v. Attawaygreen
nm · 1994 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
Wilkes v. Springside Nursing Home, Inc.green
mass · 1976 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
State v. Wernergreen
nm · 1994 · cited in 1 New Mexico opinions naming this issue, 1997–1997
11
Mason v. Stategreen
del · 1987 · cited in 1 New Mexico opinions naming this issue, 1993–1993
11
United States v. Wong Quong Wonggreen
vtd · 1899 · cited in 1 New Mexico opinions naming this issue, 1993–1993
11
State v. Grawiengreen
wisctapp · 1985 · cited in 1 New Mexico opinions naming this issue, 1993–1993
11
State v. Crenshawgreen
nmctapp · 1986 · cited in 1 New Mexico opinions naming this issue, 1991–1991
11
State v. Rowegreen
utahctapp · 1991 · cited in 1 New Mexico opinions naming this issue, 1991–1991
11
Gladstone v. Gregorygreen
nev · 1979 · cited in 1 New Mexico opinions naming this issue, 1990–1990
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (39)

CaseCitedYears
Estate of Gutierrez v. Meteor Monument green
nm · 2012
2 sentences

2024Jaramillo v. Meteor Monument, LLC, 2012-NMSC-004, ¶ 9 , 274 P.3d 97 , 5 and 4F this regulation specifically includes it as a component of the good faith requirement of Section 7-9-43(A).

2024Jaramillo v. Meteor 8 Monument, LLC, 2012-NMSC-004, ¶ 9 , 274 P.3d 97 ,5 and this regulation 9 specifically includes it as a component of the good faith requirement of Section 7-9- 10 43(A).

22024–2024
Estate of Gutierrez Ex Rel. Jaramillo v. Meteor Monument green
nm · 2012
2 sentences

2024Jaramillo v. Meteor Monument, LLC, 2012-NMSC-004, ¶ 9 , 274 P.3d 97 , 5 and 4F this regulation specifically includes it as a component of the good faith requirement of Section 7-9-43(A).

2024Jaramillo v. Meteor 8 Monument, LLC, 2012-NMSC-004, ¶ 9 , 274 P.3d 97 ,5 and this regulation 9 specifically includes it as a component of the good faith requirement of Section 7-9- 10 43(A).

22024–2024
Jones v. N.M. Dep't of Public Safety green
nm · 2020
2 sentences

2024The OAG’s construction of the good faith requirement as sufficient to meet its 17 burden in an enforcement action in district court is inconsistent with our Supreme 18 Court’s holding that, when an IPRA enforcement action is filed in district court 19 under Section 14-2-12 alleging that information was improperly withheld, “the 20 burden [falls on the public agency] to demonstrate that one of the IPRA exceptions 16 1 from inspection covered the withheld records.” See Jones v. City of Albuquerque 2 Police Dep’t, 2020-NMSC-013, ¶ 49 , 470 P.3d 252 ; see also Estate of Romero ex 3 rel.

2024The OAG’s construction of the good faith requirement as sufficient to meet its 17 burden in an enforcement action in district court is inconsistent with our Supreme 18 Court’s holding that, when an IPRA enforcement action is filed in district court 19 under Section 14-2-12 alleging that information was improperly withheld, “the 20 burden [falls on the public agency] to demonstrate that one of the IPRA exceptions 16 1 from inspection covered the withheld records.” See Jones v. City of Albuquerque 2 Police Dep’t, 2020-NMSC-013, ¶ 49 , 470 P.3d 252 ; see also Estate of Romero ex 3 rel.

22024–2024
Jicarilla Apache Nation v. Rodarte green
nm · 2004
2 sentences

2024We give deference to an agency’s reasonable interpretation of its own 11 regulation, see Jicarilla Apache Nation v. Rodarte, 2004-NMSC-035, ¶ 25 , 136 12 N.M. 630 , 103 P.3d 554 , and our Legislature has specifically acknowledged that the 13 administrative construction of a statute may be considered when determining the 14 meaning of statutory text, NMSA 1978, § 12-2A-20(B)(4) (1997).

2024We give deference to an agency’s reasonable interpretation of its own 11 regulation, see Jicarilla Apache Nation v. Rodarte, 2004-NMSC-035, ¶ 25 , 136 12 N.M. 630 , 103 P.3d 554 , and our Legislature has specifically acknowledged that the 13 administrative construction of a statute may be considered when determining the 14 meaning of statutory text, NMSA 1978, § 12-2A-20(B)(4) (1997).

22024–2024
Estate of Romero Ex Rel. Romero v. City of Santa Fe green
nm · 2006
2 sentences

2024Romero v. City of Santa Fe, 2006-NMSC-028, ¶¶ 18-19 , 139 N.M. 671 , 137 4 P.3d 611 (holding that a public body has the burden of proving that the information 5 requested is not subject to inspection and that in camera review by the district court 6 of the requested records may be necessary to reach a determination).

2024Romero v. City of Santa Fe, 2006-NMSC-028, ¶¶ 18-19 , 139 N.M. 671 , 137 4 P.3d 611 (holding that a public body has the burden of proving that the information 5 requested is not subject to inspection and that in camera review by the district court 6 of the requested records may be necessary to reach a determination).

22024–2024
State v. Wagoner green
nmctapp · 2001
2 sentences

2011However, notwithstanding New Mexico's rejection of the good faith exception, "not all evidence discovered as the result of police misconduct need be suppressed." State v. Wagoner, 2001-NMCA-014, ¶ 22 , 130 N.M. 274 , 24 P.3d 306 .

2011However, notwithstanding New Mexico's rejection of the good faith exception, "not all evidence discovered as the result of police misconduct need be suppressed." State v. Wagoner, 2001-NMCA-014, ¶ 22 , 130 N.M. 274 , 24 P.3d 306 .

22011–2011
State v. Novembrino green
nj · 1987
2 sentences

1991We cannot agree with the Supreme Court that this benefit is "marginal or non-existent." On the other hand, "[b]y eliminating any cost for noncompliance with the constitutional requirement of probable cause, the good-faith exception assures us *1338 that the constitutional standard will be diluted." State v. Novembrino , 105 N.J. at 129 , 519 A.2d at 854 .

1991We cannot agree with the Supreme Court that this benefit is "marginal or non-existent." On the other hand, "[b]y eliminating any cost for noncompliance with the constitutional requirement of probable cause, the good-faith exception assures us *1338 that the constitutional standard will be diluted." State v. Novembrino , 105 N.J. at 129 , 519 A.2d at 854 .

21991–1993
State v. Gutierrez green
nmctapp · 1991
2 sentences

1991This court declined to adopt the good faith exception in State v. Gutierrez, 112 N.M. 774 , 819 P.2d 1332 (Ct.App. 1991) (Bivins, J., dissenting).

1991This court declined to adopt the good faith exception in State v. Gutierrez, 112 N.M. 774 , 819 P.2d 1332 (Ct.App. 1991) (Bivins, J., dissenting).

21991–1993
Griego v. Oliver green
nm · 2013
1 sentence

2024But that general observation does not preclude inquiry into whether a seller’s own actions comport with the good faith requirement of Section 7-9-43 (A). 8 1 often using the dictionary for guidance.” Griego v. Oliver, 2014-NMSC-003, ¶ 21 , 2 316 P.3d 865 (internal quotation marks and citation omitted); see also NMSA 1978, 3 § 12-2A-2 (1997) (stating that the meaning of an undefined phrase in a statute is 4 determined by its context, the rules of grammar, and common usage).

12024–2024
State v. JADE G. green
nm · 2007
2 sentences

2020Although the UPC imposes a good faith requirement on third parties who deal with a personal representative, see § 45-3-714(A) (“A person who in good faith . . . deals with [a personal representative] for value is protected as if the personal representative properly exercised [a] power.” (emphasis added)), Section 45-3-910 does not mention one, and we presume that this omission was intentional.6 See State v. Jade G., 2007-NMSC-010, ¶ 28 , 141 N.M. 284 , 154 P.3d 659 (“[W]hen the Legislature includes a particular word in one portion of a statute and omits it from another portion of that statute,

2020Although the UPC imposes a good faith requirement on third parties who deal with a personal representative, see § 45-3-714(A) (“A person who in good faith . . . deals with [a personal representative] for value is protected as if the personal representative properly exercised [a] power.” (emphasis added)), Section 45-3-910 does not mention one, and we presume that this omission was intentional.6 See State v. Jade G., 2007-NMSC-010, ¶ 28 , 141 N.M. 284 , 154 P.3d 659 (“[W]hen the Legislature includes a particular word in one portion of a statute and omits it from another portion of that statute,

12020–2020
Lyons v. Howard green
· 1911
2 sentences

2015Hot Springs Plumbing & Heating Co. v. Wallace, 1933-NMSC-092 , ¶ 40, 38 N.M. 3 , 27 P.2d 984 (citing Lyons v. Howard, 1911-NMSC-039 , 16 N.M. 327 , 117 P. 842 ), held that notwithstanding liberal construction, and substantial compliance with verification, the claimant must still “verify [the] same on his own oath, or the oath of some other person” to verify the good faith of his claim of right to a lien.

2015Hot Springs Plumbing & Heating Co. v. Wallace, 1933-NMSC-092 , ¶ 40, 38 N.M. 3 , 27 P.2d 984 (citing Lyons v. Howard, 1911-NMSC-039 , 16 N.M. 327 , 117 P. 842 ), held that notwithstanding liberal construction, and substantial compliance with verification, the claimant must still “verify [the] same on his own oath, or the oath of some other person” to verify the good faith of his claim of right to a lien.

12015–2015
Hot Springs Plumbing & Heating Co. v. Wallace green
nm · 1933
2 sentences

2015Hot Springs Plumbing & Heating Co. v. Wallace, 1933-NMSC-092 , ¶ 40, 38 N.M. 3 , 27 P.2d 984 (citing Lyons v. Howard, 1911-NMSC-039 , 16 N.M. 327 , 117 P. 842 ), held that notwithstanding liberal construction, and substantial compliance with verification, the claimant must still “verify [the] same on his own oath, or the oath of some other person” to verify the good faith of his claim of right to a lien.

2015Hot Springs Plumbing & Heating Co. v. Wallace, 1933-NMSC-092 , ¶ 40, 38 N.M. 3 , 27 P.2d 984 (citing Lyons v. Howard, 1911-NMSC-039 , 16 N.M. 327 , 117 P. 842 ), held that notwithstanding liberal construction, and substantial compliance with verification, the claimant must still “verify [the] same on his own oath, or the oath of some other person” to verify the good faith of his claim of right to a lien.

12015–2015
Aguilar v. Texas red
scotus · 1964
2 sentences

2009In concluding that the Aguilar-Spinelli test, a two-pronged test formulated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), was better suited to the guarantees embedded in the New Mexico Constitution, we noted this Court’s “close acquaintance with the problems and traditions of our state,” Cordova, 109 N.M. at 216 n. 8, 784 P.2d at 35 n. 8, and determined that the principles underlying the Aguilar-Spinelli test were the same “principles ... firmly and

2009In concluding that the Aguilar-Spinelli test, a two-pronged test formulated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), was better suited to the guarantees embedded in the New Mexico Constitution, we noted this Court’s “close acquaintance with the problems and traditions of our state,” Cordova, 109 N.M. at 216 n. 8, 784 P.2d at 35 n. 8, and determined that the principles underlying the Aguilar-Spinelli test were the same “principles ... firmly and

12009–2009
Spinelli v. United States red
scotus · 1969
2 sentences

2009In concluding that the Aguilar-Spinelli test, a two-pronged test formulated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), was better suited to the guarantees embedded in the New Mexico Constitution, we noted this Court’s “close acquaintance with the problems and traditions of our state,” Cordova, 109 N.M. at 216 n. 8, 784 P.2d at 35 n. 8, and determined that the principles underlying the Aguilar-Spinelli test were the same “principles ... firmly and

2009In concluding that the Aguilar-Spinelli test, a two-pronged test formulated by the United States Supreme Court in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 , 21 L.Ed.2d 637 (1969), was better suited to the guarantees embedded in the New Mexico Constitution, we noted this Court’s “close acquaintance with the problems and traditions of our state,” Cordova, 109 N.M. at 216 n. 8, 784 P.2d at 35 n. 8, and determined that the principles underlying the Aguilar-Spinelli test were the same “principles ... firmly and

12009–2009
Public Service Company of New Mexico v. NEW MEXICO PUBLIC UTILITY COMMISSION green
nm · 1999
12008–2008
State v. Vandenberg green
nm · 2003
12008–2008
Pina v. Espinoza green
nmctapp · 2001
12008–2008
Michigan v. DeFillippo green
scotus · 1979
12007–2007
City of Farmington v. Benally green
nmctapp · 1995
12001–2001
State v. Vallejos green
nm · 1997
12001–2001
Payne v. Robinson green
conn · 1988
11997–1997
Lockett v. State green
texapp · 1993
11993–1993
Commonwealth v. Upton green
mass · 1985
11993–1993
People v. Sundling green
michctapp · 1986
11993–1993
Stringer v. State green
miss · 1986
11993–1993
State v. Guzman green
idaho · 1992
11993–1993
State v. Oakes green
vt · 1991
11993–1993
State v. Carter green
nc · 1988
11993–1993
People v. Bigelow green
ny · 1985
11993–1993
Gary v. State green
ga · 1992
11993–1993
Hernandez v. Cabrera green
nmctapp · 1988
11992–1992
State v. Huft green
wash · 1986
11991–1991
State v. Herrera green
nm · 1985
11991–1991
Herrera v. New Mexico green
scotus · 1985
11991–1991
Thompson v. Reivitz green
scotus · 1985
11991–1991
Dugger v. Delta Airlines green
scotus · 1985
11991–1991
Massachusetts v. Sheppard green
scotus · 1984
11985–1985
Schlegel v. Hough neutral
or · 1947
11974–1974
Crenshaw v. Williams green
kyctapp · 1921
11930–1930

Statutes the citing opinions construe

NM § N.M. Stat. § 39-3-3 (5)

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

TX 511 (1917–2026) CA 374 (1925–2026) IL 307 (1899–2026) OH 285 (1909–2026) FL 175 (1962–2026) LA 155 (1947–2023) PA 149 (1897–2025) IN 146 (1929–2025) VA 138 (1916–2026) MI 121 (1965–2026) WI 115 (1927–2026) NY 110 (1919–2025) WA 108 (1960–2024) KS 100 (1980–2026) MD 90 (1968–2026) AR 87 (1981–2025) AZ 85 (1966–2025) IA 85 (1900–2025) MN 83 (1971–2026) NJ 82 (1957–2026) GA 75 (1883–2025) CO 69 (1936–2026) CT 63 (1935–2025) KY 50 (1927–2025) NC 49 (1983–2026) MA 49 (1975–2025) NE 46 (1988–2024) HI 46 (1965–2025) AL 45 (1916–2026) TN 45 (1989–2026) MO 43 (1901–2025) ND 41 (1984–2020) OR 40 (1956–2026) NM 39 (1930–2024) ID 36 (1985–2025) MS 33 (1950–2026) UT 33 (1985–2026) OK 32 (1938–2023) DE 32 (1952–2026) SD 32 (1982–2020) SC 28 (1987–2026) DC 26 (1951–2026) AK 25 (1976–2017) RI 23 (1973–2026) WY 23 (1984–2025) ME 22 (1981–2023) VT 21 (1986–2023) NV 19 (1991–2024) WV 16 (1982–2026) NH 12 (1985–2020) MT 11 (1996–2024) VI 3 (2009–2026)

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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