16 New Mexico opinions name it 2 courts 1982–2020 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.
| Case | Followed | Cited |
|---|---|---|
New Mexico Board of Veterinary Medicine v. Rieggergreen2 sentences2015“Procedural due process 8 requires a fair and impartial hearing before a trier of fact who is disinterested and free 9 from any form of bias or predisposition regarding the outcome of the case.” Riegger, 10 2007-NMSC-044, ¶ 27 (internal quotation marks and citation omitted). 2015“Procedural due process requires a fair and impartial hearing before a trier of fact who is disinterested and free from any form of bias or predisposition regarding the outcome of the case.” Riegger, 2007-NMSC-044, ¶ 27 (internal quotation marks and citation omitted). | 5 | 8 |
Los Chavez Cmty. Assn. v. Valencia Cnty.green2 sentences2020In such proceedings, the council does not sit as a mini-legislature, as it functions in most matters, but instead must act like a judicial body bound by ethical standards comparable to those that govern a court in performing the same function.” Albuquerque Commons P’ship, 2008-NMSC-025, ¶ 33 (internal quotation marks and citation omitted). {32} A quasi-judicial proceeding “carries with it important procedural consequences,” including due process protections “requir[ing] a fair and impartial hearing before a trier of fact who is disinterested and free from any form of bias or predisposition reg 2020While we have recognized that city or county officials “are not expected to be so insulated from their community as to require them to be detached from all issues coming before them[,]” we have also held that where a city or county has “prejudged the merits” of a particular matter, such prejudgment “give[s] rise to an appearance of impropriety[.]” Los Chavez Cmty. Ass’n, 2012-NMCA-044, ¶ 25 (internal quotation marks and citation omitted). | 1 | 1 |
Albuquerque Commons Partnership v. City Council of Albuquerquegreen2 sentences2020In such proceedings, the council does not sit as a mini-legislature, as it functions in most matters, but instead must act like a judicial body bound by ethical standards comparable to those that govern a court in performing the same function.” Albuquerque Commons P’ship, 2008-NMSC-025, ¶ 33 (internal quotation marks and citation omitted). {32} A quasi-judicial proceeding “carries with it important procedural consequences,” including due process protections “requir[ing] a fair and impartial hearing before a trier of fact who is disinterested and free from any form of bias or predisposition reg 2020In such proceedings, the council does not sit as a mini-legislature, as it functions in most matters, but instead must act like a judicial body bound by ethical standards comparable to those that govern a court in performing the same function.” Albuquerque Commons P’ship, 2008-NMSC-025, ¶ 33 (internal quotation marks and citation omitted). {32} A quasi-judicial proceeding “carries with it important procedural consequences,” including due process protections “requir[ing] a fair and impartial hearing before a trier of fact who is disinterested and free from any form of bias or predisposition reg | 1 | 1 |
Buffington v. McGortygreen1 sentence2019Indeed, “[p]rocedural due process is a flexible right[,] and the amount of process due depends on the particular circumstances of each case.” Sandia v. Rivera, 2002-NMCA- 057, ¶ 10, 132 N.M. 201 , 46 P.3d 108 (internal quotation marks and citation omitted); see Buffington, 2004-NMCA-092, ¶ 31 (explaining that “[t]he nature of the hearing and review to be conducted by the district court will depend upon the nature of the objections being considered” (emphasis added)). {13} Additionally, “[p]rocedural due process requires a fair and impartial hearing before a trier of fact who is disinterested a | 1 | 1 |
State v. Bonillagreen2 sentences2010See Orquiz, 2003-NMCA-089, ¶ 16 (reversing and remanding 16 the revocation of the defendant’s probation because the district court made an 17 unequivocal, definite finding on the record prior to the revocation hearing indicating 18 that the court had prejudged the defendant prior to the defendant having an 19 opportunity to be heard at the revocation hearing); Pacheco, 85 N.M. at 780 , 517 P.2d 7 1 at 1306 (concluding that to make arrangements for defendant’s incarceration with the 2 deputy warden prior to the probation hearing was a denial of his fundamental right to 3 a fair hearing because 2010See Orquiz, 2003-NMCA-089, ¶ 16 (reversing and remanding 16 the revocation of the defendant’s probation because the district court made an 17 unequivocal, definite finding on the record prior to the revocation hearing indicating 18 that the court had prejudged the defendant prior to the defendant having an 19 opportunity to be heard at the revocation hearing); Pacheco, 85 N.M. at 780 , 517 P.2d 7 1 at 1306 (concluding that to make arrangements for defendant’s incarceration with the 2 deputy warden prior to the probation hearing was a denial of his fundamental right to 3 a fair hearing because | 1 | 1 |
State v. Orquizgreen1 sentence2010See Orquiz, 2003-NMCA-089, ¶ 16 (reversing and remanding 16 the revocation of the defendant’s probation because the district court made an 17 unequivocal, definite finding on the record prior to the revocation hearing indicating 18 that the court had prejudged the defendant prior to the defendant having an 19 opportunity to be heard at the revocation hearing); Pacheco, 85 N.M. at 780 , 517 P.2d 7 1 at 1306 (concluding that to make arrangements for defendant’s incarceration with the 2 deputy warden prior to the probation hearing was a denial of his fundamental right to 3 a fair hearing because | 1 | 1 |
Chronis v. State Ex Rel. Rodriguezgreen2 sentences2008Id. at 346-47 , 670 P.2d at 957-58 (internal quotation marks and citation omitted). 2008Id. at 346-47 , 670 P.2d at 957-58 (internal quotation marks and citation omitted). | 1 | 1 |
Santa Fe Exploration Co. v. Oil Conservation Commissiongreen2 sentences1995See Santa Fe Exploration, 114 N.M. at 109 , 835 P.2d at 825 (administrative trier of fact must be free from bias or prejudice regarding the outcome of a case). 1995See Santa Fe Exploration, 114 N.M. at 109 , 835 P.2d at 825 (administrative trier of fact must be free from bias or prejudice regarding the outcome of a case). | 1 | 1 |
Irvine v. State Board of Equalizationgreen2 sentences1983(Citations omitted.) 40 Cal. App.2d 280, 284-285 , 104 P.2d 847, 850 (1940). 1983(Citations omitted.) 40 Cal. App.2d 280, 284-285 , 104 P.2d 847, 850 (1940). | 1 | 1 |
Ernest W. Hahn, Inc. v. County Assessorgreen1 sentence1983See In re Miller, 88 N.M. 492 , 542 P.2d 1182 , cert. denied, 89 N.M. 5 , 546 P.2d 70 (1975). | 1 | 1 |
Matter of Protest of Millergreen1 sentence1983See In re Miller, 88 N.M. 492 , 542 P.2d 1182 , cert. denied, 89 N.M. 5 , 546 P.2d 70 (1975). | 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 |
|---|---|---|
Siesta Hills Neighborhood Ass'n v. City of Albuquerque
green
1 sentence2020In such proceedings, the council does not sit as a mini-legislature, as it functions in most matters, but instead must act like a judicial body bound by ethical standards comparable to those that govern a court in performing the same function.” Albuquerque Commons P’ship, 2008-NMSC-025, ¶ 33 (internal quotation marks and citation omitted). {32} A quasi-judicial proceeding “carries with it important procedural consequences,” including due process protections “requir[ing] a fair and impartial hearing before a trier of fact who is disinterested and free from any form of bias or predisposition reg | 1 | 2020–2020 |
Sandia v. Rivera
green
2 sentences2019Indeed, “[p]rocedural due process is a flexible right[,] and the amount of process due depends on the particular circumstances of each case.” Sandia v. Rivera, 2002-NMCA- 057, ¶ 10, 132 N.M. 201 , 46 P.3d 108 (internal quotation marks and citation omitted); see Buffington, 2004-NMCA-092, ¶ 31 (explaining that “[t]he nature of the hearing and review to be conducted by the district court will depend upon the nature of the objections being considered” (emphasis added)). {13} Additionally, “[p]rocedural due process requires a fair and impartial hearing before a trier of fact who is disinterested a 2019Indeed, “[p]rocedural due process is a flexible right[,] and the amount of process due depends on the particular circumstances of each case.” Sandia v. Rivera, 2002-NMCA- 057, ¶ 10, 132 N.M. 201 , 46 P.3d 108 (internal quotation marks and citation omitted); see Buffington, 2004-NMCA-092, ¶ 31 (explaining that “[t]he nature of the hearing and review to be conducted by the district court will depend upon the nature of the objections being considered” (emphasis added)). {13} Additionally, “[p]rocedural due process requires a fair and impartial hearing before a trier of fact who is disinterested a | 1 | 2019–2019 |
In re Aaron L.
green
1 sentence2010See Rule 12-216; In re Aaron L., 2000-NMCA-024 , ¶ 11 12 (reviewing under the fundamental right exception the child’s due process argument 13 stemming from a probation violation hearing even though the issue was not 14 preserved). 15 Child had the unequivocal right to a fair probation revocation hearing before 16 an impartial judge. | 1 | 2010–2010 |
State v. Pacheco
green
1 sentence2010See Orquiz, 2003-NMCA-089, ¶ 16 (reversing and remanding 16 the revocation of the defendant’s probation because the district court made an 17 unequivocal, definite finding on the record prior to the revocation hearing indicating 18 that the court had prejudged the defendant prior to the defendant having an 19 opportunity to be heard at the revocation hearing); Pacheco, 85 N.M. at 780 , 517 P.2d 7 1 at 1306 (concluding that to make arrangements for defendant’s incarceration with the 2 deputy warden prior to the probation hearing was a denial of his fundamental right to 3 a fair hearing because | 1 | 2010–2010 |
City and County of Honolulu v. Market Place, Ltd.
green
1 sentence2010See Orquiz, 2003-NMCA-089, ¶ 16 (reversing and remanding 16 the revocation of the defendant’s probation because the district court made an 17 unequivocal, definite finding on the record prior to the revocation hearing indicating 18 that the court had prejudged the defendant prior to the defendant having an 19 opportunity to be heard at the revocation hearing); Pacheco, 85 N.M. at 780 , 517 P.2d 7 1 at 1306 (concluding that to make arrangements for defendant’s incarceration with the 2 deputy warden prior to the probation hearing was a denial of his fundamental right to 3 a fair hearing because | 1 | 2010–2010 |
Reid v. New Mexico Board of Examiners in Optometry
green
2 sentences2007Procedural due process requires a fair and impartial hearing before a trier of fact who is “disinterested and free from any form of bias or predisposition regarding the outcome of the case.” Reid, 92 N.M. at 416 , 589 P.2d at 200 . 2007Procedural due process requires a fair and impartial hearing before a trier of fact who is “disinterested and free from any form of bias or predisposition regarding the outcome of the case.” Reid, 92 N.M. at 416 , 589 P.2d at 200 . | 1 | 2007–2007 |
Drink, Inc. v. Babcock
green
2 sentences1983In Drink, Inc. v. Babcock, 77 N.M. at 280 , 421 P.2d at 800 , this Court stated that "when the manufacture and sale of liquor is lawful, as it is under our laws, statutes providing for the regulation of the business are limited by constitutional guaranties * * *" This was also noted by the California appellate court in Irvine v. State Board of Equalization when they stated: [U]nder the American system of justice it is the policy of our law that a person should not be deprived even of a "permit" *958 to engage in a legitimate business without a fair and impartial hearing and without an opportun 1983In Drink, Inc. v. Babcock, 77 N.M. at 280 , 421 P.2d at 800 , this Court stated that "when the manufacture and sale of liquor is lawful, as it is under our laws, statutes providing for the regulation of the business are limited by constitutional guaranties * * *" This was also noted by the California appellate court in Irvine v. State Board of Equalization when they stated: [U]nder the American system of justice it is the policy of our law that a person should not be deprived even of a "permit" *958 to engage in a legitimate business without a fair and impartial hearing and without an opportun | 1 | 1983–1983 |
In Matter of Bailey
green
2 sentences1982Fair Hearing The Companies rely on Kerr-McGee Nuclear Corporation v. New Mexico Environmental Improvement Board, 97 N.M. 88 , 637 P.2d 38 (Ct.App.1981) (Wood, Specially Concurring), for their argument that the regulations are invalid because the Companies were not given a fair and impartial hearing. 1982Fair Hearing The Companies rely on Kerr-McGee Nuclear Corporation v. New Mexico Environmental Improvement Board, 97 N.M. 88 , 637 P.2d 38 (Ct.App.1981) (Wood, Specially Concurring), for their argument that the regulations are invalid because the Companies were not given a fair and impartial hearing. | 1 | 1982–1982 |
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.