distinct challenge (New Mexico) · Go Syfert
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distinct challenge in New Mexico

11 New Mexico opinions name it 2 courts 1981–2025 1 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 (9)

CaseFollowedCited
State v. Ryongreen
nm · 2005 · cited in 2 New Mexico opinions naming this issue, 2019–2019
2 sentences

2019See 2005-NMSC-005 , ¶¶ 26, 29, 137 N.M. 174 , 108 P.3d 1032 ("The emergency assistance doctrine, which may justify more intrusive searches of the home or person, must be assessed separately by a distinct test.").

2019See 2005-NMSC-005 , ¶¶ 26, 29, 137 N.M. 174 , 108 P.3d 1032 ("The emergency assistance doctrine, which may justify more intrusive searches of the home or person, must be assessed separately by a distinct test.").

22
Rent-A-Center, West, Inc. v. Jacksongreen
scotus · 2010 · cited in 2 New Mexico opinions naming this issue, 2011–2011
2 sentences

2011In deciding the issue, the Court’s opinion in Rentr-A-Center referenced the respondent’s “response to RenP-A-Center’s motion to compel arbitration” as well as his briefs to the Ninth Circuit and the Supreme Court on the issue and his oral argument before the Supreme Court. 130 S.Ct. at 2779-81.

2011In deciding the issue, the Court's opinion in Rent-A-Center referenced the respondent's "response to Rent-A-Center 's motion to compel arbitration" as well as his briefs to the Ninth Circuit and the Supreme Court on the issue and his oral argument before the Supreme Court. 130 S.Ct. at 2779-81.

22
Protection & Advocacy System, Inc. v. Presbyterian Healthcare Servicesgreen
nmctapp · 1999 · cited in 1 New Mexico opinions naming this issue, 2025–2025
1 sentence

2025Sys., 13 Inc., 1999-NMCA-122, ¶ 21 (“In the case before us, however, we do not conduct 14 our own analysis of prudential considerations, because standing is governed by 15 specific statutory language.”). 16 {12} Zeroing in on the development of the Statutory Standing Rule as a distinct 17 analysis, the parties and Court of Appeals’ concurrence leverage the history of the 18 Statutory Standing Rule as a distinct doctrine in contrasting ways.

11
Brown v. Stategreen
alaskactapp · 2008 · cited in 1 New Mexico opinions naming this issue, 2011–2011
1 sentence

2011LaFave, The “Routine Traffic Stop” From Start to Finish: Too Much “Routine, ” Not Enough Fourth Amendment, 102 Mich. L.Rev. 1843, 1887 (2004) (footnotes omitted); see also State v. Washington, 898 N.E.2d 1200, 1205-06 (Ind.2008) (applying a distinct analysis to a state constitutional claim after determining that questions asked of a driver about contraband did not violate the Fourth Amendment pursuant to Muehler because “[t]he Indiana Constitution may protect searches that the federal Constitution does not”); Brown v. State, 182 P.3d 624, 626 (Alaska Ct.App.2008) (interpreting the search and s

11
State v. Jenkinsgreen
conn · 2010 · cited in 1 New Mexico opinions naming this issue, 2011–2011
1 sentence

2011LaFave, The “Routine Traffic Stop” From Start to Finish: Too Much “Routine, ” Not Enough Fourth Amendment, 102 Mich. L.Rev. 1843, 1887 (2004) (footnotes omitted); see also State v. Washington, 898 N.E.2d 1200, 1205-06 (Ind.2008) (applying a distinct analysis to a state constitutional claim after determining that questions asked of a driver about contraband did not violate the Fourth Amendment pursuant to Muehler because “[t]he Indiana Constitution may protect searches that the federal Constitution does not”); Brown v. State, 182 P.3d 624, 626 (Alaska Ct.App.2008) (interpreting the search and s

11
State v. Washingtongreen
ind · 2008 · cited in 1 New Mexico opinions naming this issue, 2011–2011
1 sentence

2011LaFave, The “Routine Traffic Stop” From Start to Finish: Too Much “Routine, ” Not Enough Fourth Amendment, 102 Mich. L.Rev. 1843, 1887 (2004) (footnotes omitted); see also State v. Washington, 898 N.E.2d 1200, 1205-06 (Ind.2008) (applying a distinct analysis to a state constitutional claim after determining that questions asked of a driver about contraband did not violate the Fourth Amendment pursuant to Muehler because “[t]he Indiana Constitution may protect searches that the federal Constitution does not”); Brown v. State, 182 P.3d 624, 626 (Alaska Ct.App.2008) (interpreting the search and s

11
People v. Davisgreen
mich · 1993 · cited in 1 New Mexico opinions naming this issue, 2005–2005
1 sentence

2005LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 6.6(a) n. 5, at 390 (3d ed.1996); see also Davis, 497 N.W.2d at 920-21 (noting the need for standards specific to emergency entries).

11
Gomez v. B.E. Harvey Gin Corp.green
nm · 1990 · cited in 1 New Mexico opinions naming this issue, 2000–2000
2 sentences

2000Harvey Gin Corp., 110 N.M. 100, 102 , 792 P.2d 1143, 1145 (1990). {9} As our discussion below indicates, the traveling-employee rule recognizes that the conditions faced by employees working “on the road,” away from home and away from their employer’s home office, are sufficiently different from the conditions faced by employees merely going to or from their local place of employment on a daily basis to warrant a distinct rule.

2000Harvey Gin Corp., 110 N.M. 100, 102 , 792 P.2d 1143, 1145 (1990). {9} As our discussion below indicates, the traveling-employee rule recognizes that the conditions faced by employees working “on the road,” away from home and away from their employer’s home office, are sufficiently different from the conditions faced by employees merely going to or from their local place of employment on a daily basis to warrant a distinct rule.

11
United States v. Raymond L. Scharfgreen
ca8 · 1977 · cited in 1 New Mexico opinions naming this issue, 1981–1981
2 sentences

1981See, United States v. Scharf, 551 F.2d 1124 (8th Cir.1977).

1981See, United States v. Scharf, 551 F.2d 1124 (8th Cir. 1977).

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 (6)

CaseCitedYears
Buckeye Check Cashing, Inc. v. Cardegna green
scotus · 2006
2 sentences

2011Although the Supreme Court may have considered only the "crux of the complaint" in Buckeye, 546 U.S. at 444 , 126 S.Ct. 1204 , the Court looked beyond the complaint in Rent-A-Center when it examined whether the respondent there had raised a specific and distinct challenge to the delegation provision of the arbitration agreement at issue.

2011Although the Supreme Court may have considered only the "crux of the complaint" in Buckeye, 546 U.S. at 444 , 126 S.Ct. 1204 , the Court looked beyond the complaint in Rent-A-Center when it examined whether the respondent there had raised a specific and distinct challenge to the delegation provision of the arbitration agreement at issue.

22011–2011
American Civil Liberties Union v. City of Albuquerque green
nm · 2008
1 sentence

2025Lopez and the 19 Court of Appeals’ concurrence assert that the Rule first appeared in a footnote in 8 1 ACLU of N.M., 2008-NMSC-045 , ¶ 9 n.1.

12025–2025
State v. Leon green
nmctapp · 2012
1 sentence

2019As a result, the relevant deadline was properly calculated based upon the service of that petition. {9} Finally, we understand Child to argue that the result we reach is unfair, because it permits the State to limit the scope of petitions to revoke, effectively withholding alleged violations to create the opportunity for successive filings, thereby extending deadlines. [MIO 8-10] We acknowledge that the potential for such gamesmanship may exist, given that the rules clearly accommodate the pendency of multiple petitions, see Rule 10-243(C), and given that “there are no specific mandatory time

12019–2019
Morningstar Water Users Ass'n v. New Mexico Public Utility Commission green
nm · 1995
2 sentences

2006Morningstar, 120 N.M. at 582-83 , 904 P.2d at 31-32 . {10} “[I]t is the function of the courts to interpret the law,” and we are therefore not “bound by [an] agency’s interpretation (of law) and may substitute (our) own judgment for” that of the agency.

2006Morningstar, 120 N.M. at 582-83 , 904 P.2d at 31-32 . {10} “[I]t is the function of the courts to interpret the law,” and we are therefore not “bound by [an] agency’s interpretation (of law) and may substitute (our) own judgment for” that of the agency.

12006–2006
cluster 303604 green
ca4 · 1972
1 sentence

1981State v. Ortiz, 77 N.M. 751 , 427 P.2d 264 (1967); Waiters v. Harris, supra. The trial court did not make the separate and distinct inquiry required by the second sentence of Rule 21(f).

11981–1981
State v. Ortiz green
nm · 1967
2 sentences

1981State v. Ortiz, 77 N.M. 751 , 427 P.2d 264 (1967); Waiters v. Harris, supra. The trial court did not make the separate and distinct inquiry required by the second sentence of Rule 21(f).

1981State v. Ortiz, 77 N.M. 751 , 427 P.2d 264 (1967); Waiters v. Harris, supra. The trial court did not make the separate and distinct inquiry required by the second sentence of Rule 21(f).

11981–1981

Statutes the citing opinions construe

NM § N.M. Stat. § 34-5-14 (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 128 (1871–2026) PA 103 (1897–2024) CT 100 (1895–2026) NY 75 (1874–2026) OH 64 (1898–2025) TX 57 (1916–2026) IL 55 (1886–2025) MI 35 (1922–2026) MO 30 (1875–2025) GA 30 (1895–2025) AZ 29 (1947–2025) NC 26 (1906–2026) FL 25 (1935–2018) AL 24 (1877–2026) WA 24 (1911–2026) LA 22 (1911–2022) MA 20 (1886–2026) NJ 19 (1896–2026) UT 18 (1968–2025) MD 17 (1910–2021) IN 16 (1906–2020) OR 15 (1940–2026) KY 15 (1880–2025) WI 15 (1873–2020) DC 14 (1987–2023) TN 13 (1924–2026) WV 13 (1946–2025) CO 13 (1923–2024) VA 12 (1882–2025) NM 11 (1981–2025) MN 8 (1904–2013) IA 8 (1900–2020) VT 7 (1921–2021) KS 7 (1926–2026) ID 6 (1985–2012) MS 6 (1934–2007) DE 6 (1946–2022) OK 6 (1907–2014) RI 5 (1915–2010) NE 5 (1894–2020) NV 5 (1979–2024) SC 5 (1926–1939) HI 5 (1923–2010) AK 4 (1971–2024) NH 4 (2018–2025) MT 4 (2000–2025) AR 3 (1959–2024) ME 3 (1864–2018) PR 2 (1934–1950) WY 2 (1931–2023)

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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