adopt rule (New Mexico) · Go Syfert
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adopt rule in New Mexico

10 New Mexico opinions name it 2 courts 1982–2024 2 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. Copelandgreen
nmctapp · 1986 · cited in 1 New Mexico opinions naming this issue, 1994–1994
2 sentences

1994“Exigent circumstances means an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.” State v. Copeland, 105 N.M. 27, 31 , 727 P.2d 1342, 1346 (Ct.App.), cert. denied, 104 N.M. 702 , 726 P.2d 856 (1986).

1994“Exigent circumstances means an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.” State v. Copeland, 105 N.M. 27, 31 , 727 P.2d 1342, 1346 (Ct.App.), cert. denied, 104 N.M. 702 , 726 P.2d 856 (1986).

11
Pena v. New Mexico Highway Departmentgreen
nmctapp · 1983 · cited in 1 New Mexico opinions naming this issue, 1988–1988
1 sentence

1988See Nasci v. Frank Paxton Lumber Co., 69 N.M. 412 , 367 P.2d 913 (1961); see also Pena v. New Mexico Highway Dep’t, 100 N.M. 408 , 671 P.2d 656 (Ct.App.1983).

11
Nasci v. Frank Paxton Lumber Co.green
nm · 1961 · cited in 1 New Mexico opinions naming this issue, 1988–1988
2 sentences

1988See Nasci v. Frank Paxton Lumber Co., 69 N.M. 412 , 367 P.2d 913 (1961); see also Pena v. New Mexico Highway Dep’t, 100 N.M. 408 , 671 P.2d 656 (Ct.App.1983).

1988See Nasci v. Frank Paxton Lumber Co., 69 N.M. 412 , 367 P.2d 913 (1961); see also Pena v. New Mexico Highway Dep’t, 100 N.M. 408 , 671 P.2d 656 (Ct.App.1983).

11
Pena v. NM HIGH. DEPT., MOUNT. STATES MUT.green
nmctapp · 1983 · cited in 1 New Mexico opinions naming this issue, 1988–1988
1 sentence

1988See Nasci v. Frank Paxton Lumber Co., 69 N.M. 412 , 367 P.2d 913 (1961); see also Pena v. New Mexico Highway Dep’t, 100 N.M. 408 , 671 P.2d 656 (Ct.App.1983).

11
Cephus Donald Dyer v. Richard Crispgreen
ca10 · 1980 · cited in 1 New Mexico opinions naming this issue, 1982–1982
1 sentence

1982We hereby reject this standard and adopt the test for the sixth amendment right to effective assistance of counsel as recently announced by the Tenth Circuit Court of Appeals in Dyer v. Crisp, 613 F.2d 275, 278 (10th Cir.), cert. denied, 445 U.S. 945 , 100 S.Ct. 1342 , 63 L.Ed.2d 779 (1980): “The Sixth Amendment demands that defense counsel exercise the skill, judgment and diligence of a reasonably competent defense attorney.” In adopting this standard, the Dyer Court noted that “even though courts in this circuit have articulated the ‘sham and mockery’ test, they have been in fact applying th

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 (10)

CaseCitedYears
State v. Rico green
nm · 2002
2 sentences

2024Cf. State 5 v. Rico, 2002-NMSC-022, ¶ 18 , 132 N.M. 570 , 52 P.3d 942 (“[W]e hold that each 6 [d]efendant is entitled to a new trial because every reasonable effort to accommodate 7 the prospective jurors’ language difficulties, consistent with the provisions of Article 8 VII, Section 3, was not made.”). 9 {45} Defendant’s argument, however, misconstrues the nature of the prejudice at 10 issue in both impartial jury cases, as here, and cases involving a potential juror’s 11 right to serve, as in Rico.

2024Cf. State 5 v. Rico, 2002-NMSC-022, ¶ 18 , 132 N.M. 570 , 52 P.3d 942 (“[W]e hold that each 6 [d]efendant is entitled to a new trial because every reasonable effort to accommodate 7 the prospective jurors’ language difficulties, consistent with the provisions of Article 8 VII, Section 3, was not made.”). 9 {45} Defendant’s argument, however, misconstrues the nature of the prejudice at 10 issue in both impartial jury cases, as here, and cases involving a potential juror’s 11 right to serve, as in Rico.

22024–2024
State v. Hamilton green
nmctapp · 1988
2 sentences

1998In addition, in Hamilton, we reiterated with approval the rule that “it is improper to instruct the jury as to a crime not formally charged if the offense is not a lesser included offense of the crime which is charged.” 107 N.M. at 189 , 754 P.2d at 860 .

1998In addition, in Hamilton, we reiterated with approval the rule that “it is improper to instruct the jury as to a crime not formally charged if the offense is not a lesser included offense of the crime which is charged.” 107 N.M. at 189 , 754 P.2d at 860 .

11998–1998
Griffith v. Kentucky green
scotus · 1987
2 sentences

1994It was this reason, primarily, that led the Court to adopt a rule of universal retroactivity in criminal cases in Griffith v. Kentucky, 479 U.S. at 322-23 , 107 S.Ct. at 713 .

1994It was this reason, primarily, that led the Court to adopt a rule of universal retroactivity in criminal cases in Griffith v. Kentucky, 479 U.S. at 322-23 , 107 S.Ct. at 713 .

11994–1994
In re City of New York green
nyappdiv · 1983
2 sentences

1992Husband urges this court to adopt the rule articulated in In re City of New York, 98 A.D.2d 166 , 471 N.Y.S.2d 105 (1983), and Gunsch v. Gunsch, 71 N.W.2d 623 (N.D.1955), holding that, if recent in time and free of any indication of abnormality, the sales price of property resulting from an arm’s length transaction between a willing seller and a willing buyer constitutes the best evidence of the market value of a business.

1992Husband urges this court to adopt the rule articulated in In re City of New York, 98 A.D.2d 166 , 471 N.Y.S.2d 105 (1983), and Gunsch v. Gunsch, 71 N.W.2d 623 (N.D.1955), holding that, if recent in time and free of any indication of abnormality, the sales price of property resulting from an arm’s length transaction between a willing seller and a willing buyer constitutes the best evidence of the market value of a business.

11992–1992
Gunsch v. Gunsch green
nd · 1955
1 sentence

1992Husband urges this court to adopt the rule articulated in In re City of New York, 98 A.D.2d 166 , 471 N.Y.S.2d 105 (1983), and Gunsch v. Gunsch, 71 N.W.2d 623 (N.D.1955), holding that, if recent in time and free of any indication of abnormality, the sales price of property resulting from an arm’s length transaction between a willing seller and a willing buyer constitutes the best evidence of the market value of a business.

11992–1992
Arabie v. State green
alaskactapp · 1985
2 sentences

1987Citing Arabie v. State, 699 P.2d 890 (Alaska App. 1985), each defendant asks this court to adopt an analysis of the New Mexico burglary statutes that would preclude his conviction for burglary.

1987Citing Arabie v. State, 699 P.2d 890 (Alaska App.1985), each defendant asks this court to adopt an analysis of the New Mexico burglary statutes that would preclude his conviction for burglary.

11987–1987
Waite v. Waite green
cal · 1972
2 sentences

1985He relies on Waite v. Waite, 6 Cal.3d 461 , 99 Cal. Rptr. 325 , 492 P.2d 13 (1972), in urging this Court to adopt a rule whereby a non-employee spouse's [2] interest in community property retirement benefits cannot be devised.

1985He relies on Waite v. Waite, 6 Cal.3d 461 , 99 Cal. Rptr. 325 , 492 P.2d 13 (1972), in urging this Court to adopt a rule whereby a non-employee spouse's [2] interest in community property retirement benefits cannot be devised.

11985–1985
Lockett v. South Central Bell Telephone Co. green
scotus · 1980
2 sentences

1982We hereby reject this standard and adopt the test for the sixth amendment right to effective assistance of counsel as recently announced by the Tenth Circuit Court of Appeals in Dyer v. Crisp, 613 F.2d 275, 278 (10th Cir.), cert. denied, 445 U.S. 945 , 100 S.Ct. 1342 , 63 L.Ed.2d 779 (1980): “The Sixth Amendment demands that defense counsel exercise the skill, judgment and diligence of a reasonably competent defense attorney.” In adopting this standard, the Dyer Court noted that “even though courts in this circuit have articulated the ‘sham and mockery’ test, they have been in fact applying th

1982We hereby reject this standard and adopt the test for the sixth amendment right to effective assistance of counsel as recently announced by the Tenth Circuit Court of Appeals in Dyer v. Crisp, 613 F.2d 275, 278 (10th Cir.), cert. denied, 445 U.S. 945 , 100 S.Ct. 1342 , 63 L.Ed.2d 779 (1980): “The Sixth Amendment demands that defense counsel exercise the skill, judgment and diligence of a reasonably competent defense attorney.” In adopting this standard, the Dyer Court noted that “even though courts in this circuit have articulated the ‘sham and mockery’ test, they have been in fact applying th

11982–1982
O'Connor v. Secretary of Health, Education, & Welfare green
scotus · 1980
1 sentence

1982We hereby reject this standard and adopt the test for the sixth amendment right to effective assistance of counsel as recently announced by the Tenth Circuit Court of Appeals in Dyer v. Crisp, 613 F.2d 275, 278 (10th Cir.), cert. denied, 445 U.S. 945 , 100 S.Ct. 1342 , 63 L.Ed.2d 779 (1980): “The Sixth Amendment demands that defense counsel exercise the skill, judgment and diligence of a reasonably competent defense attorney.” In adopting this standard, the Dyer Court noted that “even though courts in this circuit have articulated the ‘sham and mockery’ test, they have been in fact applying th

11982–1982
Littlefield v. Fort Dodge Messenger green
scotus · 1980
1 sentence

1982We hereby reject this standard and adopt the test for the sixth amendment right to effective assistance of counsel as recently announced by the Tenth Circuit Court of Appeals in Dyer v. Crisp, 613 F.2d 275, 278 (10th Cir.), cert. denied, 445 U.S. 945 , 100 S.Ct. 1342 , 63 L.Ed.2d 779 (1980): “The Sixth Amendment demands that defense counsel exercise the skill, judgment and diligence of a reasonably competent defense attorney.” In adopting this standard, the Dyer Court noted that “even though courts in this circuit have articulated the ‘sham and mockery’ test, they have been in fact applying th

11982–1982

Statutes the citing opinions construe

NM § N.M. Stat. § 30-9-11 (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

WA 20 (1967–2012) NV 18 (1972–2022) CA 15 (1976–2021) ID 14 (1973–2026) MD 14 (1866–2022) CT 13 (1973–2013) TN 13 (1988–2022) IL 12 (1878–2026) TX 12 (1985–2015) PA 12 (1926–2024) MI 10 (1966–2024) NM 10 (1982–2024) RI 10 (1969–2020) FL 9 (1975–2014) NY 9 (1888–2004) DE 9 (1983–2026) NE 9 (1920–2022) MN 8 (1982–2015) MO 8 (1893–2023) LA 7 (1960–2025) UT 7 (1986–2019) IN 7 (1937–2016) OH 7 (1977–2020) MT 7 (1913–2007) HI 6 (1981–2018) VA 6 (1984–2012) KS 6 (1984–2011) MA 6 (1988–2008) NC 6 (1978–2015) AL 6 (1898–2008) VT 6 (1985–2026) WI 5 (1977–2026) WV 5 (1993–2022) ND 5 (1921–2024) AK 4 (1971–1995) DC 4 (1980–1994) KY 4 (1984–2017) AZ 4 (1985–2014) NJ 4 (1982–2017) WY 4 (1993–2008) OR 4 (1985–2018) SC 3 (1984–2011) MS 3 (1987–1989) IA 2 (1983–1989) CO 2 (1931–2020) ME 2 (2002–2007) GA 2 (1991–2013) AR 2 (1998–1999)

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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