term instruction (New Mexico) · Go Syfert
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term instruction in New Mexico

5 New Mexico opinions name it 2 courts 1915–2020 0 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 (4)

CaseFollowedCited
State v. Magbyred
nm · 1998 · cited in 1 New Mexico opinions naming this issue, 2020–2020
1 sentence

2020See Magby, 1998-NMSC-042, ¶ 13 (recognizing that “[a]bsent express definition of a term in an instruction, words in jury instructions should usually be understood according to their ordinary meaning[,]” which may be found in “[l]ay dictionaries”).

11
State v. Duncangreen
nm · 1991 · cited in 1 New Mexico opinions naming this issue, 1999–1999
2 sentences

1999Cf. Duncan, 111 N.M. at 355 , 805 P.2d at 622 (“The term ‘element’ when used with reference to a defense means a ‘constituent part’ of the defense ... [, and] is synonymous with the term requirement’[.]” (citations omitted)).

1999Cf. Duncan, 111 N.M. at 355 , 805 P.2d at 622 (“The term ‘element’ when used with reference to a defense means a ‘constituent part’ of the defense ... [, and] is synonymous with the term requirement’[.]” (citations omitted)).

11
Santillanes v. Stategreen
nm · 1993 · cited in 1 New Mexico opinions naming this issue, 1998–1998
2 sentences

1998Cf. Santillanes, 115 N.M. at 220 , 849 P.2d at 363 (words in a statute should be given their ordinary meaning unless the Legislature has indicated a different intent); State v. Gonzales, 112 N.M. 544, 553 , 817 P.2d 1186, 1195 (1991) (noting that words used in their ordinary sense in jury instructions generally do not require express definition).

1998Cf. Santillanes, 115 N.M. at 220 , 849 P.2d at 363 (words in a statute should be given their ordinary meaning unless the Legislature has indicated a different intent); State v. Gonzales, 112 N.M. 544, 553 , 817 P.2d 1186, 1195 (1991) (noting that words used in their ordinary sense in jury instructions generally do not require express definition).

11
State v. Gonzalesgreen
nm · 1991 · cited in 1 New Mexico opinions naming this issue, 1998–1998
2 sentences

1998Cf. Santillanes, 115 N.M. at 220 , 849 P.2d at 363 (words in a statute should be given their ordinary meaning unless the Legislature has indicated a different intent); State v. Gonzales, 112 N.M. 544, 553 , 817 P.2d 1186, 1195 (1991) (noting that words used in their ordinary sense in jury instructions generally do not require express definition).

1998Cf. Santillanes, 115 N.M. at 220 , 849 P.2d at 363 (words in a statute should be given their ordinary meaning unless the Legislature has indicated a different intent); State v. Gonzales, 112 N.M. 544, 553 , 817 P.2d 1186, 1195 (1991) (noting that words used in their ordinary sense in jury instructions generally do not require express definition).

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 (2)

CaseCitedYears
State v. Rojo green
nm · 1998
2 sentences

2019In exercising this discretion, the district court prohibited defense counsel from using a specific term but allowed defense counsel to argue “whatever [he] want[ed] to with regard to the appropriateness or inappropriateness of what [Deputy] Padilla did.” Defendant fails to show how the district court’s ruling was “clearly against the logic and effect of the facts and circumstances of the case.” State v. Rojo, 1999-NMSC-001, ¶ 41 , 126 N.M. 438 , 971 P.2d 829 (internal quotation marks and citation omitted).

2019In exercising this discretion, the district court prohibited defense counsel from using a specific term but allowed defense counsel to argue “whatever [he] want[ed] to with regard to the appropriateness or inappropriateness of what [Deputy] Padilla did.” Defendant fails to show how the district court’s ruling was “clearly against the logic and effect of the facts and circumstances of the case.” State v. Rojo, 1999-NMSC-001, ¶ 41 , 126 N.M. 438 , 971 P.2d 829 (internal quotation marks and citation omitted).

12019–2019
Grant v. Schmidt green
minn · 1875
1 sentence

1915To a decree so entered, the fiction of law by which a term of court is held to be an entirety, or one session, so that all judgments, unless otherwise specially ordered, are deemed to be rendered as of the last day of the term, and until th.e final adjournment to be within the control of the court, does hot apply.” In Grant v. Schmidt, 22 Minn. 1 , the court, after speaking of the term rule at common law, says: “This theory is not retained under the present practice.

11915–1915

Where else courts name it

CA 89 (1865–2026) NY 26 (1901–2025) IL 24 (1907–2026) MO 23 (1892–2022) TX 23 (1911–2025) WI 19 (1988–2026) OH 14 (1889–2025) CT 14 (1925–2015) MA 13 (1973–2018) WY 11 (1971–2023) WA 9 (1893–2017) PA 9 (1930–2015) FL 9 (1939–2017) MD 8 (1977–2024) KS 8 (1952–2022) KY 7 (1961–2023) GA 7 (1913–2007) OR 7 (1954–2016) IN 7 (1881–2005) NC 6 (1957–2023) NH 5 (2006–2016) NM 5 (1915–2020) IA 4 (1972–2000) ME 4 (1960–2025) OK 4 (1926–1938) DC 4 (2012–2024) MI 4 (1942–2010) MS 3 (1881–2020) AR 3 (1941–2002) NE 3 (1952–1992) WV 3 (1926–2012) HI 3 (1899–2016) AK 2 (1981–1989) NV 2 (2002–2002) TN 2 (1946–1979) AL 2 (1911–1990) ID 2 (1976–1991) LA 2 (1979–2011) CO 2 (2012–2016)

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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