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16 New Mexico opinions name it 2 courts 1996–2024 2 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.
| Case | Followed | Cited |
|---|---|---|
State v. Lohbergergreen2 sentences2014See State v. Lohberger, 2008-NMSC-033, ¶ 18 , 144 N.M. 297 , 187 P.3d 162 (stating that questions involving procedural rules are reviewed de novo). 2014See State v. Lohberger, 2008-NMSC-033, ¶ 18 , 144 N.M. 297 , 187 P.3d 162 (stating that questions involving procedural rules are reviewed de novo). | 3 | 3 |
North Carolina v. Alfordgreen2 sentences1997The district court denied the motion, and Defendant entered an Alford plea, see North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), reserving his right to appeal the jurisdictional question. 1997The district court denied the motion, and Defendant entered an Alford plea, see North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), reserving his right to appeal the jurisdictional question. | 2 | 4 |
State v. Guerrogreen2 sentences2024Therefore, we concluded that the 12 “conspiracy resulted in the death of a human being.” Id. 13 {14} Subsequently, in State v. Guerro, 1999-NMCA-026, ¶ 1 , 126 N.M. 699 , 974 14 P.2d 669 , the defendant entered an Alford plea 2 to five counts of homicide by 15 vehicle. 2024Therefore, we concluded that the 12 “conspiracy resulted in the death of a human being.” Id. 13 {14} Subsequently, in State v. Guerro, 1999-NMCA-026, ¶ 1 , 126 N.M. 699 , 974 14 P.2d 669 , the defendant entered an Alford plea 2 to five counts of homicide by 15 vehicle. | 1 | 3 |
State v. Hodgegreen2 sentences1996In the instant case, Garcia entered an Alford plea, which essentially allows a defendant “to plead guilty while simultaneously maintaining [his] innocence.” State v. Hodge, 118 N.M. 410 , 412 n. 1, 882 P.2d 1 , 3 n. 1 (1994). 1996In the instant case, Garcia entered an Alford plea, which essentially allows a defendant “to plead guilty while simultaneously maintaining [his] innocence.” State v. Hodge, 118 N.M. 410 , 412 n. 1, 882 P.2d 1 , 3 n. 1 (1994). | 1 | 2 |
State v. Herreragreen2 sentences2009See Herrera, 17 2001-NMCA-073, ¶ 34 (holding that the trial court did not err in refusing to order a 18 competency evaluation after the defendant entered an Alford plea when the assertion 19 of incompetency did not give rise to a reasonable doubt as to competency). 7 1 Because we are not persuaded that the district court erred in denying 2 Defendant’s motion for a competency evaluation, we also conclude that the district 3 court did not abuse its discretion if it denied Defendant’s motion to withdraw his 4 guilty plea. 2005As well, a mental examination will be required before any determination of competency “[u]pon motion and upon good cause shown.” Rule 5-602(0); see also NMSA 1978, § 31-9-2 (1967) (stating “[u]pon motion of any defendant, the court shall order a mental examination of the defendant before making any determination of competency under Section[ ] ... 31-9-1”); State v. Herrera, 2001-NMCA-073, ¶ 34 , 131 N.M. 22 , 33 P.3d 22 (holding that no error occurred in refusing to order a competency evaluation after the defendant entered an Alford plea, where the assertion of incompetency did not give rise t | 1 | 2 |
State v. C.L.green1 sentence2012See State v. C.L., 2010-NMCA-050, ¶ 15 , 148 N.M. 10 837, 242 P.3d 404 (finding expungement unwarranted where the defendant was 11 charged only as an accessory in the underlying crime, she had entered an Alford plea, 12 she was granted a conditional discharge and was released early due to her compliance 13 with the terms of release, she had been denied employment opportunities as a result 14 of her criminal record, she had been industrious and continued her education, and she 15 had no prior criminal record). | 1 | 1 |
State v. CLgreen1 sentence2012See State v. C.L., 2010-NMCA-050, ¶ 15 , 148 N.M. 10 837, 242 P.3d 404 (finding expungement unwarranted where the defendant was 11 charged only as an accessory in the underlying crime, she had entered an Alford plea, 12 she was granted a conditional discharge and was released early due to her compliance 13 with the terms of release, she had been denied employment opportunities as a result 14 of her criminal record, she had been industrious and continued her education, and she 15 had no prior criminal record). | 1 | 1 |
Rust Tractor Co. v. Consolidated Constructors, Inc.green2 sentences2012Constructors, Inc., 86 N.M. 658, 660 , 526 P.2d 800, 802 (Ct. App. 1974) 8 (stating that a party cannot change his theory on appeal). 9 Based on the arguments that were made to the district court in support of the 10 motion to withdraw the Alford plea, we conclude that the district court did not abuse 11 its discretion. 2012Constructors, Inc., 86 N.M. 658, 660 , 526 P.2d 800, 802 (Ct. App. 1974) 8 (stating that a party cannot change his theory on appeal). 9 Based on the arguments that were made to the district court in support of the 10 motion to withdraw the Alford plea, we conclude that the district court did not abuse 11 its discretion. | 1 | 1 |
State v. Akergreen2 sentences2009See State v. Aker, 2005-NMCA-063, ¶ 34 , 137 8 1 N.M. 561 , 113 P.3d 384 (stating that to establish a prima facie case of ineffective 2 assistance of counsel, a defendant must show both that (1) counsel’s performance fell 3 below an objective standard of reasonableness, and (2) that the defendant suffered 4 prejudice). 2009See State v. Aker, 2005-NMCA-063, ¶ 34 , 137 8 1 N.M. 561 , 113 P.3d 384 (stating that to establish a prima facie case of ineffective 2 assistance of counsel, a defendant must show both that (1) counsel’s performance fell 3 below an objective standard of reasonableness, and (2) that the defendant suffered 4 prejudice). | 1 | 1 |
State v. Huntergreen2 sentences2009See State v. Hunter, 2006-NMSC-043, ¶ 11 , 140 N.M. 406 , 143 P.3d 168 5 (stating that a trial court’s denial of a motion to withdraw a guilty plea is reviewed for 6 abuse of discretion). 2009See State v. Hunter, 2006-NMSC-043, ¶ 11 , 140 N.M. 406 , 143 P.3d 168 5 (stating that a trial court’s denial of a motion to withdraw a guilty plea is reviewed for 6 abuse of discretion). | 1 | 1 |
State v. Hoveygreen2 sentences2005As well, a mental examination will be required before any determination of competency “[u]pon motion and upon good cause shown.” Rule 5-602(0); see also NMSA 1978, § 31-9-2 (1967) (stating “[u]pon motion of any defendant, the court shall order a mental examination of the defendant before making any determination of competency under Section[ ] ... 31-9-1”); State v. Herrera, 2001-NMCA-073, ¶ 34 , 131 N.M. 22 , 33 P.3d 22 (holding that no error occurred in refusing to order a competency evaluation after the defendant entered an Alford plea, where the assertion of incompetency did not give rise t 2005As well, a mental examination will be required before any determination of competency “[u]pon motion and upon good cause shown.” Rule 5-602(0); see also NMSA 1978, § 31-9-2 (1967) (stating “[u]pon motion of any defendant, the court shall order a mental examination of the defendant before making any determination of competency under Section[ ] ... 31-9-1”); State v. Herrera, 2001-NMCA-073, ¶ 34 , 131 N.M. 22 , 33 P.3d 22 (holding that no error occurred in refusing to order a competency evaluation after the defendant entered an Alford plea, where the assertion of incompetency did not give rise t | 1 | 1 |
State v. Deangreen2 sentences1998See State v. Dean, 105 N.M. 5, 8 , 727 P.2d 944, 947 (Ct.App.1986). {19} As to the questioning and alleged pressure by the judge, we note that the judge gave a fairly standard explanation of the Alford plea, the agreement, and its implications, after which Defendant reaffirmed his plea. 1998See State v. Dean, 105 N.M. 5, 8 , 727 P.2d 944, 947 (Ct.App.1986). {19} As to the questioning and alleged pressure by the judge, we note that the judge gave a fairly standard explanation of the Alford plea, the agreement, and its implications, after which Defendant reaffirmed his plea. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Franco
green
2 sentences2024There, we rejected the defendant’s argument that because homicide by vehicle was not statutorily identified as a felony “resulting in the death of a human being,” see § 31-18- 15(A)(8), it was not subject to an increased sentence pursuant to Section 31-18- 15(A)(8), and we reiterated that the increased sentence pursuant to Section 31-18- 15(A) applies to “any crimes that result in people’s deaths.” Guerro, 1999-NMCA-026, ¶¶ 10-11 . {15} Finally, in State v. Franco the defendant was convicted for shooting and killing the victim during a drug transaction. 2016-NMCA-074, ¶ 2 , 387 P.3d 279 . 2024There, we rejected the defendant’s argument that because homicide by 16 vehicle was not statutorily identified as a felony “resulting in the death of a human 17 being,” see § 31-18-15(A)(8), it was not subject to an increased sentence pursuant 18 to Section 31-18-15(A)(8), and we reiterated that the increased sentence pursuant to 2 See North Carolina v. Alford, 400 U.S. 25 (1970). 9 1 Section 31-18-15(A) applies to “any crimes that result in people’s deaths.” Guerro, 2 1999-NMCA-026, ¶¶ 10-11 . 3 {15} Finally, in State v. Franco the defendant was convicted for shooting and 4 killing the victim | 2 | 2024–2024 |
State v. Silvas
green
1 sentence2018“Conduct is unitary 20 when not sufficiently separated by time or place, and the object and result or quality 2 1 and nature of the acts cannot be distinguished.” Silvas, 2015-NMSC-006, ¶ 10 . “[W]e 2 consider such factors as whether the acts were close in time and space, their similarity, 3 the sequence in which they occurred, whether other events intervened, and [the] 4 defendant’s goals for and mental state during each act.” Ford, 2007-NMCA-052, ¶ 12 . 5 {4} In this case, the offense of stalking took place on September 8, 2015, whereas 6 the restraining order conviction (a lesser included o | 1 | 2018–2018 |
State v. Ford
green
1 sentence2018“Conduct is unitary 20 when not sufficiently separated by time or place, and the object and result or quality 2 1 and nature of the acts cannot be distinguished.” Silvas, 2015-NMSC-006, ¶ 10 . “[W]e 2 consider such factors as whether the acts were close in time and space, their similarity, 3 the sequence in which they occurred, whether other events intervened, and [the] 4 defendant’s goals for and mental state during each act.” Ford, 2007-NMCA-052, ¶ 12 . 5 {4} In this case, the offense of stalking took place on September 8, 2015, whereas 6 the restraining order conviction (a lesser included o | 1 | 2018–2018 |
State v. Ortega
green
2 sentences1996The State notes that both counsel testified that one of them discussed with Garcia the leading case concerning the relevant element of felony murder, which is State v. Ortega, 112 N.M. at 554 , 817 P.2d at 1196 . 1996The State notes that both counsel testified that one of them discussed with Garcia the leading case concerning the relevant element of felony murder, which is State v. Ortega, 112 N.M. at 554 , 817 P.2d at 1196 . | 1 | 1996–1996 |
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.
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.