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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.
| Case | Followed | Cited |
|---|---|---|
State v. Torresgreen2 sentences1973As 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. | 1 | 6 |
State v. Griffingreen2 sentences1994In 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 | 1 | 1 |
State v. Osbornegreen2 sentences1994The 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)). | 1 | 1 |
State v. Rogersgreen2 sentences1994The 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)). | 1 | 1 |
State v. Sandovalgreen2 sentences1973See 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). | 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 |
|---|---|---|
State v. Sanders
green
2 sentences1972State v. Sanders, 54 N.M. 369 , 225 P.2d 150 (1950). 1972State v. Sanders, 54 N.M. 369 , 225 P.2d 150 (1950). | 7 | 1967–1972 |
Lauderdale v. State
neutral
2 sentences1979State 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). | 1 | 1979–1979 |
State v. Lauderdale
green
2 sentences1979State 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). | 1 | 1979–1979 |
State v. Sedillo
green
2 sentences1978State 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). | 1 | 1978–1978 |
State v. Sedillo
neutral
2 sentences1978State 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). | 1 | 1978–1978 |