14 New Mexico opinions name it 2 courts 2013–2026 7 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. Croccogreen2 sentences2026“A prima facie case is made if [the d]efendant produces enough evidence to allow the fact-trier to infer the fact at issue and rule in [the d]efendant’s favor.” Crocco, 2014-NMSC-016, ¶ 14 (internal quotation marks and citation omitted). 2025“A prima facie case is made if [the d]efendant produces enough evidence to allow the fact-trier to infer the fact at issue and rule in [the d]efendant’s favor.” Crocco, 2014-NMSC-016, ¶ 14 (internal quotation marks and citation omitted). | 6 | 9 |
State v. Tafoyagreen2 sentences2024“Claims of ineffective assistance of counsel are reviewed de novo.” State v. Tafoya, 2012-NMSC-030, ¶ 59 , 285 P.3d 604 . {5} “When an ineffective assistance claim is first raised on direct appeal, we evaluate the facts that are part of the record.” State v. Roybal, 2002-NMSC-027, ¶ 19 , 132 N.M. 657 , 54 P.3d 61 . 2014See Tafoya, 2012-NMSC-030, ¶¶ 58-59 (“An appellate court will not second-guess coirnsel’s strategic judgment unless the conduct does not conform with an objective standard of reasonableness.” (internal quotation marks and citation omitted)). “[Wjhen a plausible, rational strategy or tactic can explain the conduct of defense counsel,” we cannot conclude that trial counsel erred. | 2 | 3 |
Hyden v. LAW FIRM OF McCORMICK, ETC.green2 sentences2013Prima facie case is defined as “[a] party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favor.” Black’s Law Dictionary 1310 (9th ed. 2009); see Hyden v. Law Firm of McCormick, Forbes, Caraway & Tabor, 115 N.M. 159, 163 , 848 P.2d 1086, 1090 (Ct. App. 1993) (stating that a prima facie showing is defined as “such evidence as is sufficient in law to raise a presumption of fact or establish the fact in question unless rebutted” (internal quotation marks and citation omitted)). {30} Since the statute of limitations is Defendants’ affirmat 2013Prima facie case is defined as “[a] party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favor.” Black’s Law Dictionary 1310 (9th ed. 2009); see Hyden v. Law Firm of McCormick, Forbes, Caraway & Tabor, 115 N.M. 159, 163 , 848 P.2d 1086, 1090 (Ct. App. 1993) (stating that a prima facie showing is defined as “such evidence as is sufficient in law to raise a presumption of fact or establish the fact in question unless rebutted” (internal quotation marks and citation omitted)). {30} Since the statute of limitations is Defendants’ affirmat | 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 |
|---|---|---|
Yurcic v. City of Gallup
green
2 sentences2022A “prima facie case” is defined as “a party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favor.” Yurcic v. City of Gallup, 2013-NMCA-039, ¶ 29 , 298 P.3d 500 (alteration, internal quotation marks, and citation omitted). 2021A prima facie case is defined as “a party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favor.” Yurcic v. City of Gallup, 2013-NMCA-039, ¶ 29 , 298 P.3d 500 (alteration, internal quotation marks, and citation omitted). | 2 | 2021–2022 |
State v. Hosteen
green
2 sentences2026“Without an adequate record, an appellate court cannot determine that trial counsel provided constitutionally ineffective assistance.” Id. ¶ 15. {53} A defendant establishes the attorney error element of an ineffective assistance of counsel claim by demonstrating that defense counsel failed to exercise “the skill, judgment, and diligence of a reasonably competent defense attorney.” State v. Hosteen, 1996-NMCA-084 , ¶ 5, 122 N.M. 228 , 923 P.2d 595 . 2026“Without an adequate record, an appellate court cannot determine that trial counsel provided constitutionally ineffective assistance.” Id. ¶ 15. {53} A defendant establishes the attorney error element of an ineffective assistance of counsel claim by demonstrating that defense counsel failed to exercise “the skill, judgment, and diligence of a reasonably competent defense attorney.” State v. Hosteen, 1996-NMCA-084 , ¶ 5, 122 N.M. 228 , 923 P.2d 595 . | 1 | 2026–2026 |
State v. Roybal
green
2 sentences2024“Claims of ineffective assistance of counsel are reviewed de novo.” State v. Tafoya, 2012-NMSC-030, ¶ 59 , 285 P.3d 604 . {5} “When an ineffective assistance claim is first raised on direct appeal, we evaluate the facts that are part of the record.” State v. Roybal, 2002-NMSC-027, ¶ 19 , 132 N.M. 657 , 54 P.3d 61 . 2024“Claims of ineffective assistance of counsel are reviewed de novo.” State v. Tafoya, 2012-NMSC-030, ¶ 59 , 285 P.3d 604 . {5} “When an ineffective assistance claim is first raised on direct appeal, we evaluate the facts that are part of the record.” State v. Roybal, 2002-NMSC-027, ¶ 19 , 132 N.M. 657 , 54 P.3d 61 . | 1 | 2024–2024 |
State v. Mosley
green
1 sentence2023A defendant makes a prima facie case when the defendant produces sufficient evidence to allow the trier of fact “to infer the fact at issue and rule in [the d]efendant’s favor.” Id. {13} When an ineffective assistance of counsel claim is premised on counsel’s failure to move to suppress evidence, a defendant “must establish that the facts support the motion to suppress and that a reasonably competent attorney could not have decided that such a motion was unwarranted.” State v. Mosley, 2014-NMCA-094, ¶ 20 , 335 P.3d 244 (internal quotation marks and citation omitted). | 1 | 2023–2023 |
Goodman v. Brock Ex Rel. Estate of Brock
green
2 sentences2021“The burden on the movant does not require him to show or demonstrate beyond all possibility that no genuine issue of fact exists.” Goodman v. Brock, 1972-NMSC-043 , ¶ 9, 83 N.M. 789 , 498 P.2d 676 . 2021“The burden on the movant does not require him to show or demonstrate beyond all possibility that no genuine issue of fact exists.” Goodman v. Brock, 1972-NMSC-043 , ¶ 9, 83 N.M. 789 , 498 P.2d 676 . | 1 | 2021–2021 |
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.