cumulative error in New Mexico

222 New Mexico opinions name it 2 courts 1967–2026 56 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 (52)

Case	Followed	Cited
State v. Martingreen nm · 1984 · cited in 40 New Mexico opinions naming this issue, 1989–2025 2 sentences 2025“Cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Martin, 1984-NMSC-077 , ¶ 17, 101 N.M. 595 , 686 P.2d 937 . 2025“Cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Martin, 1984-NMSC-077 , ¶ 17, 101 N.M. 595 , 686 P.2d 937 .	21	40
State v. Bacagreen nm · 1995 · cited in 15 New Mexico opinions naming this issue, 2002–2026 2 sentences 2022Child relies on State v. Baca, which states, “Under the doctrine of cumulative error, [appellate courts] must reverse a conviction when the cumulative impact of the errors that occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” 1995-NMSC-045 , ¶ 39, 120 N.M. 383 , 902 P.2d 65 (alteration, internal quotation marks, and citation omitted). 2022Child relies on State v. Baca, which states, “Under the doctrine of cumulative error, [appellate courts] must reverse a conviction when the cumulative impact of the errors that occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” 1995-NMSC-045 , ¶ 39, 120 N.M. 383 , 902 P.2d 65 (alteration, internal quotation marks, and citation omitted).	10	15
State v. Woodwardgreen nm · 1995 · cited in 16 New Mexico opinions naming this issue, 2001–2023 2 sentences 2023“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , ¶ 59, 129 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted). 2018“The doctrine of cumulative error requires reversal of a 12 defendant’s conviction[s] when the cumulative impact of errors which occurred at trial 13 was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 14 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and 15 citation omitted), aff’d in part, rev’d in part sub nom on other grounds by Woodward 16 v. Williams, 263 F.3d 1135, 1143 (10th Cir. 2001).	7	16
State v. Salasgreen nm · 2010 · cited in 22 New Mexico opinions naming this issue, 2010–2026 2 sentences 2026Because the cumulative error doctrine can apply only where there are multiple errors, see State v. Salas, 2010-NMSC-028, ¶ 39 , 148 N.M. 313 , 236 P.3d 32 , there can be no cumulative error here. 2026Because the cumulative error doctrine can apply only where there are multiple errors, see State v. Salas, 2010-NMSC-028, ¶ 39 , 148 N.M. 313 , 236 P.3d 32 , there can be no cumulative error here.	6	22
State v. Trujillogreen nm · 2002 · cited in 22 New Mexico opinions naming this issue, 2009–2026 2 sentences 2026See State v. Roybal, 2002-NMSC-027, ¶ 33 , 132 N.M. 657 , 54 P.3d 61 (“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.”); State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (“In New Mexico the doctrine of cumulative error is strictly applied. 2026See State v. Roybal, 2002-NMSC-027, ¶ 33 , 132 N.M. 657 , 54 P.3d 61 (“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.”); State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (“In New Mexico the doctrine of cumulative error is strictly applied.	6	22
State v. Roybalgreen nm · 2002 · cited in 31 New Mexico opinions naming this issue, 2009–2026 2 sentences 2026See State v. Roybal, 2002-NMSC-027, ¶ 33 , 132 N.M. 657 , 54 P.3d 61 (“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.”); State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (“In New Mexico the doctrine of cumulative error is strictly applied. 2026See State v. Roybal, 2002-NMSC-027, ¶ 33 , 132 N.M. 657 , 54 P.3d 61 (“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.”); State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (“In New Mexico the doctrine of cumulative error is strictly applied.	4	31
State v. Samoragreen nm · 2013 · cited in 21 New Mexico opinions naming this issue, 2015–2024 2 sentences 2024Cumulative error “requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Samora, 2013-NMSC-038, ¶ 28 , 307 P.3d 328 (internal quotation marks and citation omitted). 2024See State v. Ortega, 2014-NMSC-017, ¶ 53 , 327 P.3d 1076 (“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.”); State v. Roybal, 2002-NMSC-027, ¶ 34 , 132 N.M. 657 , 54 P.3d 61 (“Because Defendant only complains of one error at trial, we reject his cumulative error claim.”); State v. Samora, 2013-NMSC-038, ¶ 28 , 307 P.3d 328 (“Where there is no error to accumulate, there can be no cumulative error.” (alterations, quotation marks, an	4	21
State v. Larsongreen nmctapp · 1988 · cited in 4 New Mexico opinions naming this issue, 1995–2009 2 sentences 2009See State 12 v. Larson, 107 N.M. 85, 86 , 752 P.2d 1101, 1102 (Ct. App. 1988) (recognizing that 13 where there is no error there can be no cumulative error). 14 In addition to the issues previously discussed, Defendant complains that the trial 15 court did not allow him to explain to the jury why he was incarcerated. 2009See State 12 v. Larson, 107 N.M. 85, 86 , 752 P.2d 1101, 1102 (Ct. App. 1988) (recognizing that 13 where there is no error there can be no cumulative error). 14 In addition to the issues previously discussed, Defendant complains that the trial 15 court did not allow him to explain to the jury why he was incarcerated.	4	4
State v. Aragongreen nmctapp · 1999 · cited in 12 New Mexico opinions naming this issue, 2006–2023 2 sentences 2023If there is no error, “there is no cumulative error.” State v. Aragon, 1999-NMCA-060, ¶ 19 , 127 N.M. 393 , 981 P.2d 1211 . 2023If there is no error, “there is no cumulative error.” State v. Aragon, 1999-NMCA-060, ¶ 19 , 127 N.M. 393 , 981 P.2d 1211 .	3	12
State v. Seatongreen nm · 1974 · cited in 4 New Mexico opinions naming this issue, 1982–2012 2 sentences 2012See State v. Seaton, 86 N.M. 498, 501 , 525 P.2d 858, 861 (1974). 2012See State v. Seaton, 86 N.M. 498, 501 , 525 P.2d 858, 861 (1974).	3	4
State v. Crewsgreen nmctapp · 1989 · cited in 3 New Mexico opinions naming this issue, 1994–2014 2 sentences 1994See State v. Crews, 110 N.M. 723, 739-40 , 799 P.2d 592, 608-09 (Ct.App.) (doctrine of cumulative error does not apply where reviewing court fails to find error), cert. denied, 109 N.M. 232 , 784 P.2d 419 (1989). 1994See State v. Crews, 110 N.M. 723, 739-40 , 799 P.2d 592, 608-09 (Ct.App.) (doctrine of cumulative error does not apply where reviewing court fails to find error), cert. denied, 109 N.M. 232 , 784 P.2d 419 (1989).	3	3
State v. Duffygreen nm · 1998 · cited in 34 New Mexico opinions naming this issue, 2005–2024 2 sentences 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6. {21} Viewing the record as a whole, it is clear Defendant received a fair trial. 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6. {21} Viewing the record as a whole, it is clear Defendant received a fair trial.	2	34
State v. McGuintygreen nmctapp · 1982 · cited in 4 New Mexico opinions naming this issue, 1982–2000 2 sentences 2000See State v. McGuinty, 97 N.M. 360, 364 , 639 P.2d 1214, 1218 (Ct.App.1982) (stating that cumulative error does not arise when there are no errors and the defendant has received a fair trial). 2000See State v. McGuinty, 97 N.M. 360, 364 , 639 P.2d 1214, 1218 (Ct.App.1982) (stating that cumulative error does not arise when there are no errors and the defendant has received a fair trial).	2	4
State v. Carrgreen nmctapp · 1981 · cited in 3 New Mexico opinions naming this issue, 1982–2011	2	3
State v. Mirelesgreen nmctapp · 1972 · cited in 3 New Mexico opinions naming this issue, 1973–1981	2	3
Woodward v. Williamsgreen ca10 · 2001 · cited in 2 New Mexico opinions naming this issue, 2011–2018	2	2
State v. Quiñonesgreen nmctapp · 2010 · cited in 2 New Mexico opinions naming this issue, 2011–2011	2	2
State v. Quinonesgreen nmctapp · 2010 · cited in 2 New Mexico opinions naming this issue, 2011–2011	2	2
State v. Wilsongreen nm · 1990 · cited in 2 New Mexico opinions naming this issue, 1998–1999	2	2
State v. Lopezgreen nmctapp · 1987 · cited in 2 New Mexico opinions naming this issue, 1991–1997	2	2
State v. Tollardogreen nm · 2012 · cited in 17 New Mexico opinions naming this issue, 2013–2024 2 sentences 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6. {21} Viewing the record as a whole, it is clear Defendant received a fair trial. 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC 014, ¶ 29, 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by State v. Tollardo, 2012-NMSC-008 , ¶ 37 n.6, 275 P.3d 110 .	1	17
State v. Ortegagreen nm · 2014 · cited in 5 New Mexico opinions naming this issue, 2017–2024 2 sentences 2024See State v. Ortega, 2014-NMSC-017, ¶ 53 , 327 P.3d 1076 (“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.”); State v. Roybal, 2002-NMSC-027, ¶ 34 , 132 N.M. 657 , 54 P.3d 61 (“Because Defendant only complains of one error at trial, we reject his cumulative error claim.”); State v. Samora, 2013-NMSC-038, ¶ 28 , 307 P.3d 328 (“Where there is no error to accumulate, there can be no cumulative error.” (alterations, quotation marks, an 2021“The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.” State v. Ortega, 2014-NMSC-017, ¶ 53 , 327 P.3d 1076 (internal quotation marks and citation omitted).	1	5
State v. Montoyagreen nm · 2014 · cited in 5 New Mexico opinions naming this issue, 2016–2018 2 sentences 2018See State v. Woodward, 13 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (“The doctrine of cumulative 14 error requires reversal of a defendant’s conviction when the cumulative impact of 15 errors which occurred at trial was so prejudicial that the defendant was deprived of 16 a fair trial.” (internal quotation marks and citation omitted)), abrogated on other 17 grounds as recognized by State v. Montoya, 2014-NMSC-032 , 333 P.3d 935 ; see 18 also State v. Saiz, 2008-NMSC-048, ¶ 66 , 144 N.M. 663 , 191 P.3d 521 (“[W]here 19 there is no error to accumulate, there can be no cumulative error.”), 2016Cumulative Error 4 {48} “The doctrine of cumulative error requires reversal of a defendant’s conviction 5 when the cumulative impact of errors which occurred at trial was so prejudicial that 6 the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , 7 ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted), 8 abrogated on other grounds as recognized by State v. Montoya, 2014-NMSC-032 , 9 333 P.3d 935 . 10 {49} The district court committed numerous errors in this case.	1	5
State v. Carillogreen nm · 2017 · cited in 4 New Mexico opinions naming this issue, 2018–2026 2 sentences 2026Cumulative Error {24} “The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.” State v. Carrillo, 2017-NMSC-023, ¶ 53 , 399 P.3d 367 . 2026See State v. Carrillo, 2017-NMSC-023, ¶ 53 , 399 P.3d 367 (rejecting a cumulative error claim “[b]ecause we find only one error at trial, an error which was harmless”).	1	4
State v. Belangergreen nm · 2009 · cited in 4 New Mexico opinions naming this issue, 2013–2018 2 sentences 2018See State v. Woodward, 13 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (“The doctrine of cumulative 14 error requires reversal of a defendant’s conviction when the cumulative impact of 15 errors which occurred at trial was so prejudicial that the defendant was deprived of 16 a fair trial.” (internal quotation marks and citation omitted)), abrogated on other 17 grounds as recognized by State v. Montoya, 2014-NMSC-032 , 333 P.3d 935 ; see 18 also State v. Saiz, 2008-NMSC-048, ¶ 66 , 144 N.M. 663 , 191 P.3d 521 (“[W]here 19 there is no error to accumulate, there can be no cumulative error.”), 2018See State v. Woodward, 13 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (“The doctrine of cumulative 14 error requires reversal of a defendant’s conviction when the cumulative impact of 15 errors which occurred at trial was so prejudicial that the defendant was deprived of 16 a fair trial.” (internal quotation marks and citation omitted)), abrogated on other 17 grounds as recognized by State v. Montoya, 2014-NMSC-032 , 333 P.3d 935 ; see 18 also State v. Saiz, 2008-NMSC-048, ¶ 66 , 144 N.M. 663 , 191 P.3d 521 (“[W]here 19 there is no error to accumulate, there can be no cumulative error.”),	1	4
State v. Saizred nm · 2008 · cited in 4 New Mexico opinions naming this issue, 2013–2018 2 sentences 2018See State v. Woodward, 13 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (“The doctrine of cumulative 14 error requires reversal of a defendant’s conviction when the cumulative impact of 15 errors which occurred at trial was so prejudicial that the defendant was deprived of 16 a fair trial.” (internal quotation marks and citation omitted)), abrogated on other 17 grounds as recognized by State v. Montoya, 2014-NMSC-032 , 333 P.3d 935 ; see 18 also State v. Saiz, 2008-NMSC-048, ¶ 66 , 144 N.M. 663 , 191 P.3d 521 (“[W]here 19 there is no error to accumulate, there can be no cumulative error.”), 2018See State v. Woodward, 13 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (“The doctrine of cumulative 14 error requires reversal of a defendant’s conviction when the cumulative impact of 15 errors which occurred at trial was so prejudicial that the defendant was deprived of 16 a fair trial.” (internal quotation marks and citation omitted)), abrogated on other 17 grounds as recognized by State v. Montoya, 2014-NMSC-032 , 333 P.3d 935 ; see 18 also State v. Saiz, 2008-NMSC-048, ¶ 66 , 144 N.M. 663 , 191 P.3d 521 (“[W]here 19 there is no error to accumulate, there can be no cumulative error.”),	1	4
State v. La Madridgreen nmctapp · 1997 · cited in 4 New Mexico opinions naming this issue, 2000–2013 2 sentences 2013“Several errors that would in themselves be harmless may together create reversible error if they deprived the defendant of a fair trial.” State v. La Madrid, 1997-NMCA-057 , 124, 123 N.M. 463 , 943 P.2d 110 . 2013“Several errors that would in themselves be harmless may together create reversible error if they deprived the defendant of a fair trial.” State v. La Madrid, 1997-NMCA-057 , 124, 123 N.M. 463 , 943 P.2d 110 .	1	4
State v. Taylorgreen nmctapp · 1986 · cited in 4 New Mexico opinions naming this issue, 1987–2001 2 sentences 2001“The doctrine of cumulative error has no application where no errors were committed and where defendant has received a fair trial.” Id. at 96 , 717 P.2d at 72 . 2001“The doctrine of cumulative error has no application where no errors were committed and where defendant has received a fair trial.” Id. at 96 , 717 P.2d at 72 .	1	4
State v. Garvingreen nmctapp · 2005 · cited in 3 New Mexico opinions naming this issue, 2009–2026 2 sentences 2012See State v. Garvin, 2005-NMCA-107, ¶ 14 , 138 N.M. 164 , 117 P.3d 970 14 (“Under the doctrine of cumulative error, we must reverse a conviction when the 15 cumulative impact of errors that occurred at trial was so prejudicial that the defendant 16 was deprived of a fair trial.” (alterations, internal quotation marks, and citation 17 omitted)). 2012See State v. Garvin, 2005-NMCA-107, ¶ 14 , 138 N.M. 164 , 117 P.3d 970 14 (“Under the doctrine of cumulative error, we must reverse a conviction when the 15 cumulative impact of errors that occurred at trial was so prejudicial that the defendant 16 was deprived of a fair trial.” (alterations, internal quotation marks, and citation 17 omitted)).	1	3
State v. Garvingreen nmctapp · 2005 · cited in 3 New Mexico opinions naming this issue, 2009–2026 2 sentences 2012See State v. Garvin, 2005-NMCA-107, ¶ 14 , 138 N.M. 164 , 117 P.3d 970 14 (“Under the doctrine of cumulative error, we must reverse a conviction when the 15 cumulative impact of errors that occurred at trial was so prejudicial that the defendant 16 was deprived of a fair trial.” (alterations, internal quotation marks, and citation 17 omitted)). 2012See State v. Garvin, 2005-NMCA-107, ¶ 14 , 138 N.M. 164 , 117 P.3d 970 14 (“Under the doctrine of cumulative error, we must reverse a conviction when the 15 cumulative impact of errors that occurred at trial was so prejudicial that the defendant 16 was deprived of a fair trial.” (alterations, internal quotation marks, and citation 17 omitted)).	1	3
State v. Romerogreen nm · 2018 · cited in 3 New Mexico opinions naming this issue, 2024–2024 2 sentences 2024He made these admissions before he made the 3Invoking the doctrine of cumulative error, Defendant argues the district court “both cut off a legitimate avenue of defense closing argument and placed the ‘judicial stamp of approval’ on the State’s improper closing argument.” “The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.” State v. Romero, 2019-NMSC-007 , ¶ 45, 435 P.3d 1231 (text only). 2024He made these admissions before he made the 3Invoking the doctrine of cumulative error, Defendant argues the district court “both cut off a legitimate avenue of defense closing argument and placed the ‘judicial stamp of approval’ on the State’s improper closing argument.” “The doctrine of cumulative error applies when multiple errors, which by themselves do not constitute reversible error, are so serious in the aggregate that they cumulatively deprive the defendant of a fair trial.” State v. Romero, 2019-NMSC-007 , ¶ 45, 435 P.3d 1231 (text only).	1	3
State v. Allengreen nm · 1999 · cited in 3 New Mexico opinions naming this issue, 2005–2022 2 sentences 2022See State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (noting that the doctrine of cumulative error “cannot be invoked when the record as a whole demonstrates that the defendant received a fair trial” (internal quotation marks and citation omitted)); see also Allen, 2000-NMSC-002, ¶ 117 (“We have noted on several occasions that a fair trial is not necessarily a perfect trial.”). 2022See State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (noting that the doctrine of cumulative error “cannot be invoked when the record as a whole demonstrates that the defendant received a fair trial” (internal quotation marks and citation omitted)); see also Allen, 2000-NMSC-002, ¶ 117 (“We have noted on several occasions that a fair trial is not necessarily a perfect trial.”).	1	3
State v. Vallejosgreen nmctapp · 1974 · cited in 3 New Mexico opinions naming this issue, 1983–1990	1	3
State v. Stanleygreen nm · 2001 · cited in 2 New Mexico opinions naming this issue, 2012–2025	1	2
State v. Vallejosgreen nmctapp · 1998 · cited in 2 New Mexico opinions naming this issue, 2000–2019	1	2
State v. Smithgreen nm · 2016 · cited in 1 New Mexico opinions naming this issue, 2025–2025	1	1
State v. Lopezgreen nmctapp · 2017 · cited in 1 New Mexico opinions naming this issue, 2024–2024	1	1
State v. Lopezgreen nmctapp · 2017 · cited in 1 New Mexico opinions naming this issue, 2024–2024	1	1
State v. Jettgreen nm · 1991 · cited in 1 New Mexico opinions naming this issue, 2024–2024	1	1
State v. Gwynnegreen nmctapp · 2018 · cited in 1 New Mexico opinions naming this issue, 2023–2023	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
State v. Woodwardgreen nm · 1995 · cited in 16 New Mexico opinions naming this issue, 2001–2023 2 sentences 2023“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , ¶ 59, 129 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted). 2018“The doctrine of cumulative error requires reversal of a 12 defendant’s conviction[s] when the cumulative impact of errors which occurred at trial 13 was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 14 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and 15 citation omitted), aff’d in part, rev’d in part sub nom on other grounds by Woodward 16 v. Williams, 263 F.3d 1135, 1143 (10th Cir. 2001).	2	16

Also cited on this issue (28)

Case	Cited	Years
State v. Gallegos green nm · 2007 2 sentences 2015Because we conclude 18 that Defendant has not demonstrated good cause under Moore, we deny the motion 19 to amend the docketing statement. 8 1 {11} Last, Defendant argues there was cumulative error that deprived him of his right 2 to a fair trial. [MIO 13] “The doctrine of cumulative error requires reversal when a 3 series of lesser improprieties throughout a trial are found, in aggregate, to be so 4 prejudicial that the Defendant was deprived of the constitutional right to a fair trial.” 5 State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , modified on other 6 grounds by State 2015Because we conclude 18 that Defendant has not demonstrated good cause under Moore, we deny the motion 19 to amend the docketing statement. 8 1 {11} Last, Defendant argues there was cumulative error that deprived him of his right 2 to a fair trial. [MIO 13] “The doctrine of cumulative error requires reversal when a 3 series of lesser improprieties throughout a trial are found, in aggregate, to be so 4 prejudicial that the Defendant was deprived of the constitutional right to a fair trial.” 5 State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , modified on other 6 grounds by State	12	2009–2015
State v. Guerra green nm · 2012 2 sentences 2024“Cumulative error has no application if the district court committed no errors and if the defendant received a fair trial.” State v. Guerra, 2012-NMSC-014, ¶ 47 , 278 P.3d 1031 . 2022CUMULATIVE ERROR {8} Defendant claims that the two alleged jury instruction errors amounted to cumulative error. [BIC 13] “The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Guerra, 2012-NMSC-014, ¶ 47 , 278 P.3d 1031 (internal quotation marks and citation omitted).	7	2013–2024
State v. Stills green nm · 1998 2 sentences 2022“In New Mexico the doctrine of cumulative error is strictly applied.” State v. Sills, 1998-NMSC-009, ¶ 51 , 125 N.M. 66 , 957 P.2d 51 (internal quotation marks and citation omitted). 2022“In New Mexico the doctrine of cumulative error is strictly applied.” State v. Sills, 1998-NMSC-009, ¶ 51 , 125 N.M. 66 , 957 P.2d 51 (internal quotation marks and citation omitted).	5	2002–2023
State v. Gutierrez green nmctapp · 1967 2 sentences 1968The doctrine of cumulative error is not applicable, State v. Gutierrez, 78 N.M. 529 , 433 P.2d 508 (N.M.App.1967), The judgment and sentence are affirmed. 1968The doctrine of cumulative error is not applicable, State v. Gutierrez, 78 N.M. 529 , 433 P.2d 508 (N.M.App.1967), The judgment and sentence are affirmed.	4	1968–1974
Nelson v. Cox green nm · 1960 2 sentences 1973Nelson v. Cox, 66 N.M. 397 , 349 P.2d 118 (1960); State v. Polsky, supra. However, defendant must fail under this point for the same reasons defendant in the Polsky case failed in his efforts to rely on the doctrine of cumulative error, to wit: (1) the trial court did not commit the many errors defendant claims were cumulative, and (2) a reading of the entire record demonstrates he received a fair trial. 1973Nelson v. Cox, 66 N.M. 397 , 349 P.2d 118 (1960); State v. Polsky, supra. However, defendant must fail under this point for the same reasons defendant in the Polsky case failed in his efforts to rely on the doctrine of cumulative error, to wit: (1) the trial court did not commit the many errors defendant claims were cumulative, and (2) a reading of the entire record demonstrates he received a fair trial.	4	1967–1973
Brady v. Maryland green scotus · 1963	3	2011–2013
State v. Valdez green nmctapp · 1972	3	1973–1973
State v. Miera green nmctapp · 2017	2	2021–2023
State v. Franklin green nm · 1967	2	2012–2015
State v. Boyer green nmctapp · 1985	2	2012–2015
State v. Olguin green nm · 1995	2	2011–2011
State v. Bailey green nmctapp · 2008	2	2010–2010
State v. Ashley green nm · 1997	2	2005–2005
State v. Roybal green nm · 1966	2	1967–1969
State v. Veleta neutral nm · 2023	1	2026–2026
State v. Sosa green nm · 2009	1	2025–2025
PNM Gas Services v. New Mexico Public Utility Commission green nm · 2000	1	2023–2023
State v. Moore green nmctapp · 1975	1	2023–2023
State v. Ortiz-Burciaga green nmctapp · 1999	1	2021–2021
State v. Flores green nmctapp · 2014	1	2021–2021
State v. Maxwell green nmctapp · 2016	1	2019–2019
State v. Cardenas green nmctapp · 2016	1	2019–2019
State v. Martinez green nmctapp · 1996	1	2018–2018
Dalk v. Varick Investment Co. neutral wash · 1932	1	2016–2016
Chavez v. Territory neutral nm · 1892	1	2015–2015
State v. Granillo-Macias green nmctapp · 2007	1	2015–2015
State v. Turrietta green nmctapp · 2011	1	2013–2013
State v. TURRIETTA green nmctapp · 2011	1	2013–2013

Statutes the citing opinions construe

NM § N.M. Stat. § 30-2-1 (42) NM § N.M. Stat. § 30-9-11 (29) NM § N.M. Stat. § 30-22-5 (24) NM § N.M. Stat. § 30-6-1 (17) NM § N.M. Stat. § 30-9-13 (17) NM § N.M. Stat. § 30-3-5 (16) NM § N.M. Stat. § 30-4-1 (14) NM § N.M. Stat. § 30-16-2 (13) NM § N.M. Stat. § 30-28-2 (12) NM § N.M. Stat. § 30-28-1 (11) NM § N.M. Stat. § 66-8-102 (11) NM § N.M. Stat. § 30-2-3 (10)

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

OH 763 (1984–2026) WA 493 (1981–2026) CA 282 (1961–2026) TN 276 (2001–2026) KS 247 (1994–2026) NM 222 (1967–2026) UT 194 (1986–2026) ID 183 (1987–2026) CO 143 (1983–2026) MS 136 (1991–2026) TX 132 (1948–2026) GA 106 (1984–2026) NV 99 (1994–2026) FL 98 (1985–2025) KY 89 (2012–2026) OK 76 (1988–2026) NJ 75 (1989–2026) WV 66 (1976–2025) MT 55 (1976–2026) AL 43 (1980–2022) IL 42 (1982–2026) MI 35 (1995–2026) AZ 35 (1966–2026) WY 29 (1991–2025) AR 29 (1994–2025) MN 23 (1989–2026) PA 22 (1979–2026) SC 22 (2005–2026) OR 17 (2000–2026) MA 12 (1996–2025) CT 12 (1980–2021) NE 12 (2002–2026) DE 11 (2014–2025) NC 10 (2014–2026) IA 10 (2017–2025) LA 8 (2009–2024) VI 6 (2012–2013) MD 5 (1999–2022) WI 4 (2003–2022) SD 3 (2019–2026) ME 3 (2013–2024) ND 2 (2013–2013) IN 2 (2009–2018) VT 2 (2017–2018)

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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