fundamental error is resorted doctrine (New Mexico) · Go Syfert
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fundamental error is resorted doctrine in New Mexico

11 New Mexico opinions name it 2 courts 1967–1994 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)

CaseFollowedCited
State v. Torresgreen
nmctapp · 1967 · cited in 6 New Mexico opinions naming this issue, 1968–1978
2 sentences

1973As we stated in State v. Torres, 78 N.M. 597 , 435 P.2d 216 (Ct.App.1967): “The doctrine of fundamental error is resorted to in criminal cases only if the innocence of the defendant appears indisputable, or if the question of his guilt is so doubtful that it would shock the conscience to permit his conviction to stand. . . .If there is a total absence of evidence to support a conviction, as well as evidence of an exculpatory nature, then an appellate court has the duty to see that substantial justice is done and to set aside the conviction.

1973As we stated in State v. Torres, 78 N.M. 597 , 435 P.2d 216 (Ct.App.1967): “The doctrine of fundamental error is resorted to in criminal cases only if the innocence of the defendant appears indisputable, or if the question of his guilt is so doubtful that it would shock the conscience to permit his conviction to stand. . . .If there is a total absence of evidence to support a conviction, as well as evidence of an exculpatory nature, then an appellate court has the duty to see that substantial justice is done and to set aside the conviction.

16
State v. Griffingreen
nm · 1993 · cited in 1 New Mexico opinions naming this issue, 1994–1994
2 sentences

1994In reviewing the prosecutor’s closing argument in its entirety to understand its potential effect on the jury, State v. Griffin, 116 N.M. 689, 698 , 866 P.2d 1156, 1165 (1993), we find the State properly explained its burden of proof and then told the jury that “[t]he defendant may be found guilty of a crime even though she herself did not do the act constituting the crime, if ... she intended for it to be committed and it was committed and she either helped, encouraged or caused [the deed].” The State was not “asking the jury to speculate and to guess who killed Ed Apodaca, Sr.,” the statemen

1994In reviewing the prosecutor’s closing argument in its entirety to understand its potential effect on the jury, State v. Griffin, 116 N.M. 689, 698 , 866 P.2d 1156, 1165 (1993), we find the State properly explained its burden of proof and then told the jury that “[t]he defendant may be found guilty of a crime even though she herself did not do the act constituting the crime, if ... she intended for it to be committed and it was committed and she either helped, encouraged or caused [the deed].” The State was not “asking the jury to speculate and to guess who killed Ed Apodaca, Sr.,” the statemen

11
State v. Osbornegreen
nm · 1991 · cited in 1 New Mexico opinions naming this issue, 1994–1994
2 sentences

1994The doctrine of fundamental error is resorted to when fundamental rights are at stake and “ ‘substantial justice’ has not been done,” State v. Osborne, 111 N.M. 654, 662 , 808 P.2d 624, 632 (1991), or “the question of guilt is so doubtful that it would shock the conscience to permit the conviction to stand.” Id. (quoting State v. Rogers, 80 N.M. 230, 232 , 453 P.2d 593, 595 (Ct.App.1969)).

1994The doctrine of fundamental error is resorted to when fundamental rights are at stake and “ ‘substantial justice’ has not been done,” State v. Osborne, 111 N.M. 654, 662 , 808 P.2d 624, 632 (1991), or “the question of guilt is so doubtful that it would shock the conscience to permit the conviction to stand.” Id. (quoting State v. Rogers, 80 N.M. 230, 232 , 453 P.2d 593, 595 (Ct.App.1969)).

11
State v. Rogersgreen
nmctapp · 1969 · cited in 1 New Mexico opinions naming this issue, 1994–1994
2 sentences

1994The doctrine of fundamental error is resorted to when fundamental rights are at stake and “ ‘substantial justice’ has not been done,” State v. Osborne, 111 N.M. 654, 662 , 808 P.2d 624, 632 (1991), or “the question of guilt is so doubtful that it would shock the conscience to permit the conviction to stand.” Id. (quoting State v. Rogers, 80 N.M. 230, 232 , 453 P.2d 593, 595 (Ct.App.1969)).

1994The doctrine of fundamental error is resorted to when fundamental rights are at stake and “ ‘substantial justice’ has not been done,” State v. Osborne, 111 N.M. 654, 662 , 808 P.2d 624, 632 (1991), or “the question of guilt is so doubtful that it would shock the conscience to permit the conviction to stand.” Id. (quoting State v. Rogers, 80 N.M. 230, 232 , 453 P.2d 593, 595 (Ct.App.1969)).

11
State v. Sandovalgreen
nmctapp · 1972 · cited in 1 New Mexico opinions naming this issue, 1973–1973
2 sentences

1973See also State v. Sandoval, 83 N.M. 599 , 495 P.2d 379 (Ct.App.1972).

1973See also State v. Sandoval, 83 N.M. 599 , 495 P.2d 379 (Ct.App.1972).

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 (5)

CaseCitedYears
State v. Sanders green
nm · 1950
2 sentences

1972State v. Sanders, 54 N.M. 369 , 225 P.2d 150 (1950).

1972State v. Sanders, 54 N.M. 369 , 225 P.2d 150 (1950).

71967–1972
Lauderdale v. State neutral
nm · 1973
2 sentences

1979State v. Torres, supra ; State v. Lauderdale, 85 N.M. 157 , 509 P.2d 1352 , cert. denied, 85 N.M. 144 , 509 P.2d 1339 (Ct.App. 1973).

1979State v. Torres, supra ; State v. Lauderdale, 85 N.M. 157 , 509 P.2d 1352 , cert. denied, 85 N.M. 144 , 509 P.2d 1339 (Ct.App. 1973).

11979–1979
State v. Lauderdale green
nmctapp · 1973
2 sentences

1979State v. Torres, supra ; State v. Lauderdale, 85 N.M. 157 , 509 P.2d 1352 , cert. denied, 85 N.M. 144 , 509 P.2d 1339 (Ct.App. 1973).

1979State v. Torres, supra ; State v. Lauderdale, 85 N.M. 157 , 509 P.2d 1352 , cert. denied, 85 N.M. 144 , 509 P.2d 1339 (Ct.App. 1973).

11979–1979
State v. Sedillo green
nmctapp · 1969
2 sentences

1978State v. Torres, 78 N.M. 597, 599 , 435 P.2d 216, 218 (Ct.App.1967); State v. Sedillo, 81 N.M. 47 , 462 P.2d 632 (Ct.App.1969), cert. denied, 81 N.M. 40 , 462 P.2d 625 (1969).

1978State v. Torres, 78 N.M. 597, 599 , 435 P.2d 216, 218 (Ct.App.1967); State v. Sedillo, 81 N.M. 47 , 462 P.2d 632 (Ct.App.1969), cert. denied, 81 N.M. 40 , 462 P.2d 625 (1969).

11978–1978
State v. Sedillo neutral
nm · 1969
2 sentences

1978State v. Torres, 78 N.M. 597, 599 , 435 P.2d 216, 218 (Ct.App.1967); State v. Sedillo, 81 N.M. 47 , 462 P.2d 632 (Ct.App.1969), cert. denied, 81 N.M. 40 , 462 P.2d 625 (1969).

1978State v. Torres, 78 N.M. 597, 599 , 435 P.2d 216, 218 (Ct.App.1967); State v. Sedillo, 81 N.M. 47 , 462 P.2d 632 (Ct.App.1969), cert. denied, 81 N.M. 40 , 462 P.2d 625 (1969).

11978–1978

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