11 New Mexico opinions name it 2 courts 1942–2025 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 |
|---|---|---|
State v. Handagreen2 sentences2023See State v. Handa, 1995-NMCA-042 , ¶ 35, 120 N.M. 38 , 897 P.2d 225 (“[T]he doctrine of fundamental error has no application in cases where the defendant, by [their] own actions, invites error.”). 2023See State v. Handa, 1995-NMCA-042 , ¶ 35, 120 N.M. 38 , 897 P.2d 225 (“[T]he doctrine of fundamental error has no application in cases where the defendant, by [their] own actions, invites error.”). | 1 | 1 |
Romero v. Philip Morris, Inc.green2 sentences2010See Romero, 2009-NMCA-022, ¶ 24 , 145 N.M. 658 , 203 P.3d 873 . 2010See Romero, 2009-NMCA-022, ¶ 24 , 145 N.M. 658 , 203 P.3d 873 . | 1 | 1 |
Adcock v. Brakegate, Ltd.green2 sentences2003See Ettenson, 2001-NMCA-003, ¶ 12 , 130 N.M. 67 , 17 P.3d 440 ; Las Luminarias, 92 N.M. at 300 , 587 P.2d at 447 (“The general policy of the Rules [of Civil Procedure] requires that an adjudication on the merits rather than technicalities of procedure and form shall determine the rights of the litigants.”) (internal quotation marks and citation omitted); Adcock, 206 Ill.Dec. 636 , 645 N.E.2d at 895 (“[A] plaintiff is not required to allege facts with precision where the necessary information to do so is within the knowledge and control of the defendant and unknown to the plaintiff.”). {29} Pla 2003See Ettenson, 2001-NMCA-003, ¶ 12 , 130 N.M. 67 , 17 P.3d 440 ; Las Luminarias, 92 N.M. at 300 , 587 P.2d at 447 (“The general policy of the Rules [of Civil Procedure] requires that an adjudication on the merits rather than technicalities of procedure and form shall determine the rights of the litigants.”) (internal quotation marks and citation omitted); Adcock, 206 Ill.Dec. 636 , 645 N.E.2d at 895 (“[A] plaintiff is not required to allege facts with precision where the necessary information to do so is within the knowledge and control of the defendant and unknown to the plaintiff.”). {29} Pla | 1 | 1 |
Las Luminarias of the New Mexico Council of the Blind v. Isengardgreen2 sentences2003See Ettenson, 2001-NMCA-003, ¶ 12 , 130 N.M. 67 , 17 P.3d 440 ; Las Luminarias, 92 N.M. at 300 , 587 P.2d at 447 (“The general policy of the Rules [of Civil Procedure] requires that an adjudication on the merits rather than technicalities of procedure and form shall determine the rights of the litigants.”) (internal quotation marks and citation omitted); Adcock, 206 Ill.Dec. 636 , 645 N.E.2d at 895 (“[A] plaintiff is not required to allege facts with precision where the necessary information to do so is within the knowledge and control of the defendant and unknown to the plaintiff.”). {29} Pla 2003See Ettenson, 2001-NMCA-003, ¶ 12 , 130 N.M. 67 , 17 P.3d 440 ; Las Luminarias, 92 N.M. at 300 , 587 P.2d at 447 (“The general policy of the Rules [of Civil Procedure] requires that an adjudication on the merits rather than technicalities of procedure and form shall determine the rights of the litigants.”) (internal quotation marks and citation omitted); Adcock, 206 Ill.Dec. 636 , 645 N.E.2d at 895 (“[A] plaintiff is not required to allege facts with precision where the necessary information to do so is within the knowledge and control of the defendant and unknown to the plaintiff.”). {29} Pla | 1 | 1 |
Ettenson v. Burkegreen2 sentences2003See Ettenson, 2001-NMCA-003, ¶ 12 , 130 N.M. 67 , 17 P.3d 440 ; Las Luminarias, 92 N.M. at 300 , 587 P.2d at 447 (“The general policy of the Rules [of Civil Procedure] requires that an adjudication on the merits rather than technicalities of procedure and form shall determine the rights of the litigants.”) (internal quotation marks and citation omitted); Adcock, 206 Ill.Dec. 636 , 645 N.E.2d at 895 (“[A] plaintiff is not required to allege facts with precision where the necessary information to do so is within the knowledge and control of the defendant and unknown to the plaintiff.”). {29} Pla 2003See Ettenson, 2001-NMCA-003, ¶ 12 , 130 N.M. 67 , 17 P.3d 440 ; Las Luminarias, 92 N.M. at 300 , 587 P.2d at 447 (“The general policy of the Rules [of Civil Procedure] requires that an adjudication on the merits rather than technicalities of procedure and form shall determine the rights of the litigants.”) (internal quotation marks and citation omitted); Adcock, 206 Ill.Dec. 636 , 645 N.E.2d at 895 (“[A] plaintiff is not required to allege facts with precision where the necessary information to do so is within the knowledge and control of the defendant and unknown to the plaintiff.”). {29} Pla | 1 | 1 |
Morris v. Dodge Country, Inc.green2 sentences2003See Morris v. Dodge Country, Inc., 85 N.M. 491, 492 , 513 P.2d 1273, 1274 (Ct.App.1973) (“The question [in determining the sufficiency of evidence for conspiracy] is whether the circumstances, considered as a whole, show that the parties united to accomplish the [tort].”). 2003See Morris v. Dodge Country, Inc., 85 N.M. 491, 492 , 513 P.2d 1273, 1274 (Ct.App.1973) (“The question [in determining the sufficiency of evidence for conspiracy] is whether the circumstances, considered as a whole, show that the parties united to accomplish the [tort].”). | 1 | 1 |
Grove Press, Inc. v. James J. Angleton, William E. Colby and Raymond Roccagreen1 sentence2001See, e.g., Grove Press, Inc. v. Angleton, 649 F.2d 121, 122-23 (2d Cir.1981) (applying a conspiracy analysis under the agency component of New York’s long-arm statute). | 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 |
|---|---|---|
People v. Peoples
green
1 sentence2025Our Supreme 6 Court adopted Ettenson’s qualified immunity for corporate officers interfering with 7 corporate contracts in Deflon v. Sawyers, 2006-NMSC-025, ¶ 9 , 139 N.M. 637 , 137 8 P.3d 577 . 9 {11} Ettenson and Deflon both involved claims of tortious interference with a 10 contract, while the former also included a conspiracy claim. | 1 | 2025–2025 |
Deflon v. Sawyers
green
2 sentences2025Our Supreme 6 Court adopted Ettenson’s qualified immunity for corporate officers interfering with 7 corporate contracts in Deflon v. Sawyers, 2006-NMSC-025, ¶ 9 , 139 N.M. 637 , 137 8 P.3d 577 . 9 {11} Ettenson and Deflon both involved claims of tortious interference with a 10 contract, while the former also included a conspiracy claim. 2025Our Supreme 6 Court adopted Ettenson’s qualified immunity for corporate officers interfering with 7 corporate contracts in Deflon v. Sawyers, 2006-NMSC-025, ¶ 9 , 139 N.M. 637 , 137 8 P.3d 577 . 9 {11} Ettenson and Deflon both involved claims of tortious interference with a 10 contract, while the former also included a conspiracy claim. | 1 | 2025–2025 |
State v. Cunningham
green
2 sentences2023Instruction No. 3 is simply not pertinent to our analysis of the conspiracy instruction because Instruction No. 3—on its face— instructs the jury on an entirely separate (and uncharged) offense: “attempting to bring contraband into a jail.” We recognize that “in a fundamental error analysis jury instructions should be considered as a whole and a failure to include an essential element in the elements section may be corrected by subsequent proper instructions that adequately addresses the omitted element.” State v. Cunningham, 2000-NMSC- 009, ¶ 21, 128 N.M. 711 , 998 P.2d 176 . 2023Instruction No. 3 is simply not pertinent to our analysis of the conspiracy instruction because Instruction No. 3—on its face— instructs the jury on an entirely separate (and uncharged) offense: “attempting to bring contraband into a jail.” We recognize that “in a fundamental error analysis jury instructions should be considered as a whole and a failure to include an essential element in the elements section may be corrected by subsequent proper instructions that adequately addresses the omitted element.” State v. Cunningham, 2000-NMSC- 009, ¶ 21, 128 N.M. 711 , 998 P.2d 176 . | 1 | 2023–2023 |
State v. Benally
green
2 sentences2018“The standard of review we apply to jury instructions depends on whether 3 the issue has been preserved.” State v. Benally, 2001-NMSC-033, ¶ 12 , 131 N.M. 258 , 4 34 P.3d 1134 . 2018“The standard of review we apply to jury instructions depends on whether 3 the issue has been preserved.” State v. Benally, 2001-NMSC-033, ¶ 12 , 131 N.M. 258 , 4 34 P.3d 1134 . | 1 | 2018–2018 |
Vigil v. Public Service Co.
green
2 sentences2007Co. of N.M., 2004-NMCA-085, ¶ 20 , 136 N.M. 70 , 94 P.3d 813 (explaining that “a conspiracy claim fails as a matter of law when no actionable civil case exists against the defendants”). {29} We have concluded that the district court correctly dismissed Plaintiffs’ complaint for fraud because the damages caused by the alleged negligent installation of the stove were not proximately caused by any reasonable reliance on Champion’s misrepresentation as to Hammett’s qualifications to install windows. 2007Co. of N.M., 2004-NMCA-085, ¶ 20 , 136 N.M. 70 , 94 P.3d 813 (explaining that “a conspiracy claim fails as a matter of law when no actionable civil case exists against the defendants”). {29} We have concluded that the district court correctly dismissed Plaintiffs’ complaint for fraud because the damages caused by the alleged negligent installation of the stove were not proximately caused by any reasonable reliance on Champion’s misrepresentation as to Hammett’s qualifications to install windows. | 1 | 2007–2007 |
Silva v. Town of Springer
green
2 sentences2003Silva v. Town of Springer, 1996-NMCA-022 , ¶ 25, 121 N.M. 428 , 912 P.2d 304 (affirming summary judgment where plaintiffs failed to establish that defendants committed any illegal acts resulting in plaintiffs’ termination from employment). 2003Silva v. Town of Springer, 1996-NMCA-022 , ¶ 25, 121 N.M. 428 , 912 P.2d 304 (affirming summary judgment where plaintiffs failed to establish that defendants committed any illegal acts resulting in plaintiffs’ termination from employment). | 1 | 2003–2003 |
People v. Shields
green
1 sentence1991As stated in the Use Note to the conspiracy instruction, the instruction should specify “the name of the felony or felonies in the alternative and give the essential elements [of the alleged felony or felonies] other than venue immediately after this instruction unless they are covered by essential element instructions relating to the substantive offense.” Id. | 1 | 1991–1991 |
Kelly v. United States
green
1 sentence1942This is well within settled principles of the doctrine of conspiracy.” Kelly v. United States, 6 Cir., 258 F. 392, 395 . | 1 | 1942–1942 |
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.