burden of demonstrating error (New Mexico) · Go Syfert
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burden of demonstrating error in New Mexico

11 New Mexico opinions name it 2 courts 1985–2025 5 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)

CaseFollowedCited
Farmers, Inc. v. Dal MacHine & Fabricating, Inc.green
nm · 1990 · cited in 8 New Mexico opinions naming this issue, 2012–2025
2 sentences

2012To merely refer to legal 19 authority as “helpful” without articulating how they demonstrate error by the district 5 1 court is insufficient to meet an appellant’s burden of demonstrating error on appeal. 2 See Farmers, Inc., v. Dal Mach. & Fabricating, Inc., 111 N.M. 6, 8 , 800 P.2d 1063 , 3 1065 (1990) (providing that the appellate court presumes that the trial court is correct 4 and the burden is on the appellant to clearly demonstrate that the trial court erred). 5 Turning to the issue of bias, in this Court’s notice of proposed disposition we 6 proposed to conclude that (1) to the extent

2012To merely refer to legal 19 authority as “helpful” without articulating how they demonstrate error by the district 5 1 court is insufficient to meet an appellant’s burden of demonstrating error on appeal. 2 See Farmers, Inc., v. Dal Mach. & Fabricating, Inc., 111 N.M. 6, 8 , 800 P.2d 1063 , 3 1065 (1990) (providing that the appellate court presumes that the trial court is correct 4 and the burden is on the appellant to clearly demonstrate that the trial court erred). 5 Turning to the issue of bias, in this Court’s notice of proposed disposition we 6 proposed to conclude that (1) to the extent

58
Chan v. Montoyagreen
nmctapp · 2011 · cited in 2 New Mexico opinions naming this issue, 2020–2020
2 sentences

2020See Farmers, Inc. v. Dal Mach Fabricating, Inc., 1990-NMSC-100 , ¶ 8, 111 N.M. 6 , 800 P.2d 1063 (“The presumption upon review favors the correctness of the [district] court’s actions. [The a]ppellant must affirmatively demonstrate its assertion of error.”); see also Chan v. Montoya, 2011- NMCA-072, ¶ 9, 150 N.M. 44 , 256 P.3d 987 (“It is not our practice to rely on assertions of counsel unaccompanied by support in the record.

2020See Farmers, Inc. v. Dal Mach Fabricating, Inc., 1990-NMSC-100 , ¶ 8, 111 N.M. 6 , 800 P.2d 1063 (“The presumption upon review favors the correctness of the [district] court’s actions. [The a]ppellant must affirmatively demonstrate its assertion of error.”); see also Chan v. Montoya, 2011- NMCA-072, ¶ 9, 150 N.M. 44 , 256 P.3d 987 (“It is not our practice to rely on assertions of counsel unaccompanied by support in the record.

22
State v. Aragongreen
nmctapp · 1999 · cited in 2 New Mexico opinions naming this issue, 2022–2022
2 sentences

2022State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 ; see Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100 , ¶ 8, 111 N.M. 6 , 800 P.2d 1063 (“The presumption upon review favors the correctness of the trial court’s actions.

2022State v. Aragon, 1999-NMCA-060, ¶ 10 , 127 N.M. 393 , 981 P.2d 1211 ; see Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100 , ¶ 8, 111 N.M. 6 , 800 P.2d 1063 (“The presumption upon review favors the correctness of the trial court’s actions.

12
State v. CARLOS A.green
nmctapp · 1996 · cited in 1 New Mexico opinions naming this issue, 2022–2022
2 sentences

2022See State v. Carlos A., 1996-NMCA-082 , ¶ 8, 122 N.M. 241 , 923 P.2d 608 (recognizing that appellate courts presume that district courts rule correctly, and that the appellant bears the burden of demonstrating error).

2022See State v. Carlos A., 1996-NMCA-082 , ¶ 8, 122 N.M. 241 , 923 P.2d 608 (recognizing that appellate courts presume that district courts rule correctly, and that the appellant bears the burden of demonstrating error).

11
State v. Gonzalesgreen
nmctapp · 1997 · cited in 1 New Mexico opinions naming this issue, 1999–1999
2 sentences

1999See State v. Gonzales, 1997-NMCA-039 , ¶¶ 18-19, 123 N.M. 337 , 940 P.2d 185 .

1999See State v. Gonzales, 1997-NMCA-039 , ¶¶ 18-19, 123 N.M. 337 , 940 P.2d 185 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
State v. Deats green
nmctapp · 1971
2 sentences

1985On appeal, however, where defendant is the appellant, the roles are reversed; all presumptions are in favor of the judgment below, State v. Deats, 82 N.M. 711 , 487 P.2d 139 (Ct.App.1971), and the defendant bears the burden of demonstrating error.

1985On appeal, however, where defendant is the appellant, the roles are reversed; all presumptions are in favor of the judgment below, State v. Deats, 82 N.M. 711 , 487 P.2d 139 (Ct.App.1971), and the defendant bears the burden of demonstrating error.

11985–1985
Cochran v. Gordon green
nm · 1967
2 sentences

1985Cochran v. Gordon, 77 N.M. 358 , 423 P.2d 43 (1967).

1985Cochran v. Gordon, 77 N.M. 358 , 423 P.2d 43 (1967).

11985–1985

Statutes the citing opinions construe

NM § N.M. Stat. § 32A-4-2 (3) NM § N.M. Stat. § 32A-4-28 (3)

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.

Where else courts name it

CA 159 (1969–2026) OH 149 (1995–2026) MO 144 (1969–2022) TX 29 (1999–2026) AR 28 (1976–2007) GA 25 (1984–2025) DC 18 (1985–2024) VA 16 (1999–2020) SC 15 (2011–2016) FL 15 (1963–2024) MN 14 (1999–2025) NY 13 (1979–2019) ME 12 (1977–2023) KS 12 (2012–2025) NM 11 (1985–2025) WA 11 (1980–2025) ID 11 (1977–2022) UT 9 (1991–2025) AZ 8 (1970–2025) IN 8 (1985–2023) IL 6 (1999–2017) PA 5 (1971–2018) AL 5 (1980–2016) MA 4 (1997–2025) HI 4 (2000–2006) NC 4 (1999–2006) CO 3 (2005–2026) MI 3 (2020–2026) TN 3 (1999–2024) ND 3 (1982–1987) DE 2 (2014–2018)

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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