11 New Mexico opinions name it 2 courts 1995–2024 3 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 |
|---|---|---|
Leyba v. Whitleygreen2 sentences2013We declined her invitation and simply held that “what is reasonable is a question of fact to be determined in light of all [of] the surrounding circumstances.” Id. {13} Complicating this case, however, was the dicta in our opinion discussing the adversarial exception. 2013We noted that if an attorney finds himself or herself in a conflicted situation and takes no action to resolve the conflict, “rather than applying the adversarial exception to deny the existence of a duty to the nonclient,” a court should find that a duty exists and “a breach of that duty . . . arisefs] out of continuing representation of conflicting interests.” Id. at 777 , 907 P.2d at 181 . | 5 | 5 |
Vitek v. Jonesgreen2 sentences2015Vitek v. Jones, 445 U.S. 480, 494-95 (1980). {11} Under New Mexico’s statutory scheme, when a defendant’s competence is at issue, he must be evaluated by a qualified professional, such as a psychologist or psychiatrist, whom the district court recognizes as an expert. 2015Vitek v. Jones, 445 U.S. 480, 494-95 (1980). {11} Under New Mexico’s statutory scheme, when a defendant’s competence is at issue, he must be evaluated by a qualified professional, such as a psychologist or psychiatrist, whom the district court recognizes as an expert. | 2 | 2 |
State v. Gutierrezgreen1 sentence2021“Competency determinations . . . implicate procedural due process rights . . . [and] require[] adequate notice, an adversarial hearing before an independent decision- maker, and a written statement from the fact finder clarifying the evidence relied upon and reasons for the decision.” Gutierrez, 2015-NMCA-082, ¶ 10 (emphasis added) (citations omitted). {12} Here, Defendant clearly “presented sufficient evidence of incompetency to trigger [her] procedural due process rights[.]” See id. ¶ 14. | 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 |
|---|---|---|
Cleveland Board of Education v. Loudermill
green
2 sentences2024In his statement of appellate issues in the district court, Sheriff Gonzales asserted that he was due not just some predecision opportunity to present his side of the story as contemplated by Loudermill, 470 U.S. at 546 , but a full on adversarial hearing as described in Board of Education of Carlsbad Municipal Schools. v. Harrell, 1994-NMSC-096 , ¶ 25, 118 N.M. 470 , 882 P.2d 511 . 2024In his 14 statement of appellate issues in the district court, Sheriff Gonzales asserted that he 15 was due not just some predecision opportunity to present his side of the story as 16 contemplated by Loudermill, 470 U.S. at 546 , but a full on adversarial hearing as 17 described in Board of Education of Carlsbad Municipal Schools. v. Harrell, 1994- 18 NMSC-096, ¶ 25, 118 N.M. 470 , 882 P.2d 511 . | 2 | 2024–2024 |
Bd. of Educ. of Carlsbad v. Harrell
green
2 sentences2024In his 14 statement of appellate issues in the district court, Sheriff Gonzales asserted that he 15 was due not just some predecision opportunity to present his side of the story as 16 contemplated by Loudermill, 470 U.S. at 546 , but a full on adversarial hearing as 17 described in Board of Education of Carlsbad Municipal Schools. v. Harrell, 1994- 18 NMSC-096, ¶ 25, 118 N.M. 470 , 882 P.2d 511 . 2024In his 14 statement of appellate issues in the district court, Sheriff Gonzales asserted that he 15 was due not just some predecision opportunity to present his side of the story as 16 contemplated by Loudermill, 470 U.S. at 546 , but a full on adversarial hearing as 17 described in Board of Education of Carlsbad Municipal Schools. v. Harrell, 1994- 18 NMSC-096, ¶ 25, 118 N.M. 470 , 882 P.2d 511 . | 2 | 2024–2024 |
Self v. United Parcel Service, Inc.
green
2 sentences2013DISCUSSION {6} “Summaryjudgment is appropriate where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.” Self v. United Parcel Serv., Inc., 1998-NMSC-046, ¶ 6 , 126 N.M. 396 , 970 P.2d 582 . 2013DISCUSSION {6} “Summaryjudgment is appropriate where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.” Self v. United Parcel Serv., Inc., 1998-NMSC-046, ¶ 6 , 126 N.M. 396 , 970 P.2d 582 . | 1 | 2013–2013 |
Jenkins v. Wheeler
green
2 sentences1995By contrast, in Jenkins v. Wheeler, 69 N.C.App. 140 , 316 S.E.2d 354 , review denied, 311 N.C. 758 , 321 S.E.2d 136 (1984), the Court of Appeals of North Carolina applied a general balancing test when holding that the attorney for the administratrix owed a duty to the sole beneficiary of a wrongful death action. 1995By contrast, in Jenkins v. Wheeler, 69 N.C.App. 140 , 316 S.E.2d 354 , review denied, 311 N.C. 758 , 321 S.E.2d 136 (1984), the Court of Appeals of North Carolina applied a general balancing test when holding that the attorney for the administratrix owed a duty to the sole beneficiary of a wrongful death action. | 1 | 1995–1995 |
Jenkins v. Wheeler
green
2 sentences1995By contrast, in Jenkins v. Wheeler, 69 N.C.App. 140 , 316 S.E.2d 354 , review denied, 311 N.C. 758 , 321 S.E.2d 136 (1984), the Court of Appeals of North Carolina applied a general balancing test when holding that the attorney for the administratrix owed a duty to the sole beneficiary of a wrongful death action. 1995By contrast, in Jenkins v. Wheeler, 69 N.C.App. 140 , 316 S.E.2d 354 , review denied, 311 N.C. 758 , 321 S.E.2d 136 (1984), the Court of Appeals of North Carolina applied a general balancing test when holding that the attorney for the administratrix owed a duty to the sole beneficiary of a wrongful death action. | 1 | 1995–1995 |
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.