accused defense in New Mexico

11 New Mexico opinions name it 2 courts 1918–2009 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 (5)

Case	Followed	Cited
State v. Saavedragreen nm · 1985 · cited in 2 New Mexico opinions naming this issue, 2000–2009 2 sentences 2009See State v. Saavedra, 103 N.M. 282, 284 , 705 P.2d 1133, 1135 (1985) 2 (“The case law in New Mexico is clear and consistent in holding that erroneous 3 admission of evidence of prior crimes of the accused is error, absent special 4 circumstances.”), abrogated on other grounds by State v. Belanger, 2009-NMSC- 5 025, ¶ 36, 146 N.M. 357 , 210 P.3d 783 . 2009See State v. Saavedra, 103 N.M. 282, 284 , 705 P.2d 1133, 1135 (1985) 2 (“The case law in New Mexico is clear and consistent in holding that erroneous 3 admission of evidence of prior crimes of the accused is error, absent special 4 circumstances.”), abrogated on other grounds by State v. Belanger, 2009-NMSC- 5 025, ¶ 36, 146 N.M. 357 , 210 P.3d 783 .	2	2
State v. Belangergreen nm · 2009 · cited in 1 New Mexico opinions naming this issue, 2009–2009 2 sentences 2009See State v. Saavedra, 103 N.M. 282, 284 , 705 P.2d 1133, 1135 (1985) 2 (“The case law in New Mexico is clear and consistent in holding that erroneous 3 admission of evidence of prior crimes of the accused is error, absent special 4 circumstances.”), abrogated on other grounds by State v. Belanger, 2009-NMSC- 5 025, ¶ 36, 146 N.M. 357 , 210 P.3d 783 . 2009See State v. Saavedra, 103 N.M. 282, 284 , 705 P.2d 1133, 1135 (1985) 2 (“The case law in New Mexico is clear and consistent in holding that erroneous 3 admission of evidence of prior crimes of the accused is error, absent special 4 circumstances.”), abrogated on other grounds by State v. Belanger, 2009-NMSC- 5 025, ¶ 36, 146 N.M. 357 , 210 P.3d 783 .	1	1
Swafford v. Stategreen nm · 1991 · cited in 1 New Mexico opinions naming this issue, 2001–2001 2 sentences 2001Defendant contended that his convictions of both vehicular homicide and child abuse resulting in death for the same four victims violated the double jeopardy protection against multiple punishments for the same offense. {5} In reviewing Defendant's contention, the Court of Appeals applied the two-part test set out by this Court in Swafford v. State, 112 N.M. 3, 13 , 810 P.2d 1223, 1233 (1991), which asks first whether the underlying conduct of the accused for the violation of both statutes is unitary and second, if the conduct is unitary, whether the Legislature intended to establish separatel 2001Defendant contended that his convictions of both vehicular homicide and child abuse resulting in death for the same four victims violated the double jeopardy protection against multiple punishments for the same offense. {5} In reviewing Defendant's contention, the Court of Appeals applied the two-part test set out by this Court in Swafford v. State, 112 N.M. 3, 13 , 810 P.2d 1223, 1233 (1991), which asks first whether the underlying conduct of the accused for the violation of both statutes is unitary and second, if the conduct is unitary, whether the Legislature intended to establish separatel	1	1
Splawn v. Californiagreen scotus · 1977 · cited in 1 New Mexico opinions naming this issue, 1982–1982 2 sentences 1982Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); see, Splawn v. California, 431 U.S. 595 , 97 S.Ct. 1987 , 52 L.Ed.2d 606 (1977). 1982Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); see, Splawn v. California, 431 U.S. 595 , 97 S.Ct. 1987 , 52 L.Ed.2d 606 (1977).	1	1
State v. Rowellgreen nm · 1966 · cited in 1 New Mexico opinions naming this issue, 1980–1980 2 sentences 1980In State v. Rowell, 77 N.M. 124, 125 , 419 P.2d 966, 967 (1966), this Court said: With certain qualifications, based upon reason and not here pertinent, it is generally held that proof of convictions of other and separate criminal offenses by the defendant is not admissible and that it is prejudicial error to admit such proof. 1980In State v. Rowell, 77 N.M. 124, 125 , 419 P.2d 966, 967 (1966), this Court said: With certain qualifications, based upon reason and not here pertinent, it is generally held that proof of convictions of other and separate criminal offenses by the defendant is not admissible and that it is prejudicial error to admit such proof.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
State v. Santillanes green nmctapp · 2000 2 sentences 2001Santillanes, 2000-NMCA-017, ¶ 4 , 128 N.M. 752 , 998 P.2d 1203 . 2001Santillanes, 2000-NMCA-017, ¶ 4 , 128 N.M. 752 , 998 P.2d 1203 .	1	2001–2001
Casaus v. State green nm · 1980 2 sentences 1985Casaus v. State, 94 N.M. 58 , 607 P.2d 596 (1980); State v. Martinez, 94 N.M. 50 , 607 P.2d 137 (Ct.App.1980). 1985Casaus v. State, 94 N.M. 58 , 607 P.2d 596 (1980); State v. Martinez, 94 N.M. 50 , 607 P.2d 137 (Ct.App.1980).	1	1985–1985
State v. Martinez green nmctapp · 1980 2 sentences 1985Casaus v. State, 94 N.M. 58 , 607 P.2d 596 (1980); State v. Martinez, 94 N.M. 50 , 607 P.2d 137 (Ct.App.1980). 1985Casaus v. State, 94 N.M. 58 , 607 P.2d 596 (1980); State v. Martinez, 94 N.M. 50 , 607 P.2d 137 (Ct.App.1980).	1	1985–1985
Beazell v. Ohio green scotus · 1925 2 sentences 1982Beazell v. Ohio, 269 U.S. 167 , 46 S.Ct. 68 , 70 L.Ed. 216 (1925), states: Expressions are to be found in earlier judicial opinions to the effect that the constitutional limitation may be transgressed by alterations in the rules of evidence or procedure. [Citations omitted.] And there may be procedural changes which operate to deny to the accused a defense available under the laws in force at the time of the commission of his offense, ... as to fall within the constitutional prohibition. 1982Beazell v. Ohio, 269 U.S. 167 , 46 S.Ct. 68 , 70 L.Ed. 216 (1925), states: Expressions are to be found in earlier judicial opinions to the effect that the constitutional limitation may be transgressed by alterations in the rules of evidence or procedure. [Citations omitted.] And there may be procedural changes which operate to deny to the accused a defense available under the laws in force at the time of the commission of his offense, ... as to fall within the constitutional prohibition.	1	1982–1982
Marks v. United States green scotus · 1977 2 sentences 1982Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); see, Splawn v. California, 431 U.S. 595 , 97 S.Ct. 1987 , 52 L.Ed.2d 606 (1977). 1982Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); see, Splawn v. California, 431 U.S. 595 , 97 S.Ct. 1987 , 52 L.Ed.2d 606 (1977).	1	1982–1982
Powell v. Alabama green scotus · 1932 2 sentences 1976Powell v. Alabama, 287 U.S. 45 , 53 S.Ct. 55 , 77 L.Ed. 158 (1932). 1976Powell v. Alabama, 287 U.S. 45 , 53 S.Ct. 55 , 77 L.Ed. 158 (1932).	1	1976–1976
Griffin v. California green scotus · 1965 2 sentences 1972In State v. Miller, 76 N.M. 62 , 412 P.2d 240 (1966), the above italicized portion of § 41-12-19, supra, was held unconstitutional in accordance with Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965). 1972In State v. Miller, 76 N.M. 62 , 412 P.2d 240 (1966), the above italicized portion of § 41-12-19, supra, was held unconstitutional in accordance with Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965).	1	1972–1972
State v. Miller green nm · 1966 2 sentences 1972In State v. Miller, 76 N.M. 62 , 412 P.2d 240 (1966), the above italicized portion of § 41-12-19, supra, was held unconstitutional in accordance with Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965). 1972In State v. Miller, 76 N.M. 62 , 412 P.2d 240 (1966), the above italicized portion of § 41-12-19, supra, was held unconstitutional in accordance with Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965).	1	1972–1972
State v. Gonzales green nm · 1967 2 sentences 1967State v. Gonzales, 77 N.M. 583 , 425 P.2d 810 . 1967State v. Gonzales, 77 N.M. 583 , 425 P.2d 810 .	1	1967–1967
People v. Davis green calctapp · 1940 2 sentences 1965People v. Davis, 42 Cal.App.2d 70 , 108 P.2d 85 ; Ex parte Beard, 246 Ala. 338 , 20 So.2d 721 ; Hummel v. People, supra; State v. Dyer, supra. We think it is clear that the court abused its discretion in permitting joinder of the separate informations for trial and in denying defendant’s motions to require an election or to sever the charges for trial. 1965People v. Davis, 42 Cal.App.2d 70 , 108 P.2d 85 ; Ex parte Beard, 246 Ala. 338 , 20 So.2d 721 ; Hummel v. People, supra; State v. Dyer, supra. We think it is clear that the court abused its discretion in permitting joinder of the separate informations for trial and in denying defendant’s motions to require an election or to sever the charges for trial.	1	1965–1965
Ex Parte Bread green ala · 1944 2 sentences 1965People v. Davis, 42 Cal.App.2d 70 , 108 P.2d 85 ; Ex parte Beard, 246 Ala. 338 , 20 So.2d 721 ; Hummel v. People, supra; State v. Dyer, supra. We think it is clear that the court abused its discretion in permitting joinder of the separate informations for trial and in denying defendant’s motions to require an election or to sever the charges for trial. 1965People v. Davis, 42 Cal.App.2d 70 , 108 P.2d 85 ; Ex parte Beard, 246 Ala. 338 , 20 So.2d 721 ; Hummel v. People, supra; State v. Dyer, supra. We think it is clear that the court abused its discretion in permitting joinder of the separate informations for trial and in denying defendant’s motions to require an election or to sever the charges for trial.	1	1965–1965
People v. . Pekarz green ca8 · 1906 2 sentences 1918Numerous cases.holding adverse to his contention, however, are cited in the brief of the state, chief among them being the case of People v. Pekarz, 185 N. Y. 470 , 78 N. E. 294 , where the court said, among other things: “Where, however, ho evidence has been given upon the subject by the defendant, who alone can open the door, his character is not in issue, and he is not entitled to the instruction ‘that the presumption that his character is good must be considered by the jury.’ It is only affirmative proof of good character, quite independent of any presumption that one’s character is good 1918Numerous cases.holding adverse to his contention, however, are cited in the brief of the state, chief among them being the case of People v. Pekarz, 185 N. Y. 470 , 78 N. E. 294 , where the court said, among other things: “Where, however, ho evidence has been given upon the subject by the defendant, who alone can open the door, his character is not in issue, and he is not entitled to the instruction ‘that the presumption that his character is good must be considered by the jury.’ It is only affirmative proof of good character, quite independent of any presumption that one’s character is good	1	1918–1918
People v. . Brasch green ny · 1908 2 sentences 1918The presumption of innocence is vital and must he charged if requested, hut the presumption of good character, when unsupported by affirmative proof, is practically an abstraction and need not be charged, even if requested.” See, also, 12 Cyc. 620; People v. Brasch, 193 N. Y. 46 , 85 N. E. 809 ; People v. Lingley, 207 N. Y. 396 , 101 N. E. 170 , Ann. 1918The presumption of innocence is vital and must he charged if requested, hut the presumption of good character, when unsupported by affirmative proof, is practically an abstraction and need not be charged, even if requested.” See, also, 12 Cyc. 620; People v. Brasch, 193 N. Y. 46 , 85 N. E. 809 ; People v. Lingley, 207 N. Y. 396 , 101 N. E. 170 , Ann.	1	1918–1918
People v. . Lingley neutral ny · 1913 2 sentences 1918The presumption of innocence is vital and must he charged if requested, hut the presumption of good character, when unsupported by affirmative proof, is practically an abstraction and need not be charged, even if requested.” See, also, 12 Cyc. 620; People v. Brasch, 193 N. Y. 46 , 85 N. E. 809 ; People v. Lingley, 207 N. Y. 396 , 101 N. E. 170 , Ann. 1918The presumption of innocence is vital and must he charged if requested, hut the presumption of good character, when unsupported by affirmative proof, is practically an abstraction and need not be charged, even if requested.” See, also, 12 Cyc. 620; People v. Brasch, 193 N. Y. 46 , 85 N. E. 809 ; People v. Lingley, 207 N. Y. 396 , 101 N. E. 170 , Ann.	1	1918–1918

Where else courts name it

TX 441 (1876–2025) IL 98 (1898–2025) GA 66 (1900–2021) PA 56 (1897–2024) LA 54 (1959–2022) TN 53 (1992–2020) OH 42 (1876–2023) AL 39 (1881–2023) CA 38 (1928–2023) MD 33 (1942–2026) WV 29 (1923–2023) MS 26 (1884–2025) KS 26 (1907–2024) FL 24 (1894–2023) VA 24 (1925–2025) NY 22 (1912–2026) CT 18 (1923–2011) WA 18 (1929–2021) SC 18 (1951–2026) IN 18 (1881–2010) MN 17 (1944–2016) MO 15 (1901–2017) WI 13 (1915–2022) AR 13 (1913–2021) NE 12 (1897–2025) NC 12 (1905–2025) IA 12 (1951–2021) NM 11 (1918–2009) UT 10 (1899–2025) OR 10 (1951–2014) MI 10 (1917–2018) CO 10 (1931–2020) MA 9 (1923–2026) NJ 9 (1950–2019) NV 8 (1967–2020) AK 8 (1970–2007) KY 8 (1922–1985) MT 8 (1955–2025) OK 8 (1926–1982) DC 6 (1972–2003) WY 5 (1983–2001) ND 5 (1921–2000) AZ 4 (1930–1996) RI 4 (1972–1987) PR 4 (1910–1969) VT 3 (1979–2006) HI 2 (1971–1986) DE 2 (1978–1994) ME 2 (1968–2024)

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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