ambiguous standard (New Mexico) · Go Syfert
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ambiguous standard in New Mexico

10 New Mexico opinions name it 2 courts 1986–2022 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 (6)

CaseFollowedCited
High Ridge Hinkle Joint Venture v. City of Albuquerquegreen
nm · 1998 · cited in 4 New Mexico opinions naming this issue, 2012–2014
2 sentences

2014See, e.g.,High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998-NMSC-050, ¶ 9 , 126 N.M. 413 , 970 P.2d 599 (“An administrative gloss is placed on an ambiguous clause of a [law] when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.

2014See, e.g.,High Ridge Hinkle Joint Venture v. City of Albuquerque, 1998-NMSC-050, ¶ 9 , 126 N.M. 413 , 970 P.2d 599 (“An administrative gloss is placed on an ambiguous clause of a [law] when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.

24
Otero v. City of Albuquerquegreen
nmctapp · 1998 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012To predicate an adoption on simply the existence of a loving relationship may often produce results contrary to the intent of those involved.” Otero v. City of Albuquerque, 1998-NMCA-137, ¶ 15 , 125 N.M. 770 , 965 P.2d 354 (citations omitted)). {65} We should be wary of interpreting statutes in a way that would dilute the need for such formality, relying instead upon the more ambiguous standard of “best interests.” Thus, legal parenthood by holding out should generally track the requirements for legal descendance by holding out, also known as “equitable adoption,” which is construed narrowly,

2012To predicate an adoption on simply the existence of a loving relationship may often produce results contrary to the intent of those involved.” Otero v. City of Albuquerque, 1998-NMCA-137, ¶ 15 , 125 N.M. 770 , 965 P.2d 354 (citations omitted)). {65} We should be wary of interpreting statutes in a way that would dilute the need for such formality, relying instead upon the more ambiguous standard of “best interests.” Thus, legal parenthood by holding out should generally track the requirements for legal descendance by holding out, also known as “equitable adoption,” which is construed narrowly,

11
Santillanes v. Stategreen
nm · 1993 · cited in 1 New Mexico opinions naming this issue, 2005–2005
2 sentences

2005In negligent child abuse prosecution, the jury must be instructed that the state bears the burden to prove that the defendant was “criminally] negligent,” meaning that “defendant knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.” Santillanes v. State, 115 N.M. 215, 222 , 849 P.2d 358, 365 (1993).

2005In negligent child abuse prosecution, the jury must be instructed that the state bears the burden to prove that the defendant was “criminally] negligent,” meaning that “defendant knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.” Santillanes v. State, 115 N.M. 215, 222 , 849 P.2d 358, 365 (1993).

11
Knowles v. United Services Automobile Ass'ngreen
nm · 1992 · cited in 1 New Mexico opinions naming this issue, 2004–2004
2 sentences

2004See Computer Corner, 2002-NMCA-054, ¶ 7 , 132 N.M. 264 , 46 P.3d 1264 ; see also Knowles, 113 N.M. at 705 , 832 P.2d at 396 (reiterating the rules that (1) exclusionary clauses are to be narrowly construed; (2) the clause is ambiguous if it is reasonably and fairly susceptible of different constructions; and (3) the ambiguous clause is to be construed against the insurer).

2004See Computer Corner, 2002-NMCA-054, ¶ 7 , 132 N.M. 264 , 46 P.3d 1264 ; see also Knowles, 113 N.M. at 705 , 832 P.2d at 396 (reiterating the rules that (1) exclusionary clauses are to be narrowly construed; (2) the clause is ambiguous if it is reasonably and fairly susceptible of different constructions; and (3) the ambiguous clause is to be construed against the insurer).

11
Computer Corner, Inc. v. Fireman's Fund Insurancegreen
nmctapp · 2002 · cited in 1 New Mexico opinions naming this issue, 2004–2004
2 sentences

2004See Computer Corner, 2002-NMCA-054, ¶ 7 , 132 N.M. 264 , 46 P.3d 1264 ; see also Knowles, 113 N.M. at 705 , 832 P.2d at 396 (reiterating the rules that (1) exclusionary clauses are to be narrowly construed; (2) the clause is ambiguous if it is reasonably and fairly susceptible of different constructions; and (3) the ambiguous clause is to be construed against the insurer).

2004See Computer Corner, 2002-NMCA-054, ¶ 7 , 132 N.M. 264 , 46 P.3d 1264 ; see also Knowles, 113 N.M. at 705 , 832 P.2d at 396 (reiterating the rules that (1) exclusionary clauses are to be narrowly construed; (2) the clause is ambiguous if it is reasonably and fairly susceptible of different constructions; and (3) the ambiguous clause is to be construed against the insurer).

11
State v. Archuletagreen
nmctapp · 1970 · cited in 1 New Mexico opinions naming this issue, 1986–1986
2 sentences

1986See State v. Archuleta, 82 N.M. 378 , 482 P.2d 242 (Ct.App.1970).

1986See State v. Archuleta, 82 N.M. 378 , 482 P.2d 242 (Ct.App.1970).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Knowles v. United Services Automobile Ass'ngreen
nm · 1992 · cited in 1 New Mexico opinions naming this issue, 2004–2004
2 sentences

2004See Computer Corner, 2002-NMCA-054, ¶ 7 , 132 N.M. 264 , 46 P.3d 1264 ; see also Knowles, 113 N.M. at 705 , 832 P.2d at 396 (reiterating the rules that (1) exclusionary clauses are to be narrowly construed; (2) the clause is ambiguous if it is reasonably and fairly susceptible of different constructions; and (3) the ambiguous clause is to be construed against the insurer).

2004See Computer Corner, 2002-NMCA-054, ¶ 7 , 132 N.M. 264 , 46 P.3d 1264 ; see also Knowles, 113 N.M. at 705 , 832 P.2d at 396 (reiterating the rules that (1) exclusionary clauses are to be narrowly construed; (2) the clause is ambiguous if it is reasonably and fairly susceptible of different constructions; and (3) the ambiguous clause is to be construed against the insurer).

11

Also cited on this issue (4)

CaseCitedYears
ConocoPhillips Co. v. Lyons green
nm · 2012
1 sentence

2022We conclude these ambiguities discussed by the district court, construed against Defendants, render Defendants’ promise to arbitrate illusory. {11} “Whether contractual terms are ambiguous is a question of law, subject to de novo review.” ConocoPhillips Co. v. Lyons, 2013-NMSC-009, ¶ 9 , 299 P.3d 844 .

12022–2022
Poncho v. Bowdoin green
nmctapp · 2005
2 sentences

2012To predicate an adoption on simply the existence of a loving relationship may often produce results contrary to the intent of those involved.” Otero v. City of Albuquerque, 1998-NMCA-137, ¶ 15 , 125 N.M. 770 , 965 P.2d 354 (citations omitted)). {65} We should be wary of interpreting statutes in a way that would dilute the need for such formality, relying instead upon the more ambiguous standard of “best interests.” Thus, legal parenthood by holding out should generally track the requirements for legal descendance by holding out, also known as “equitable adoption,” which is construed narrowly,

2012To predicate an adoption on simply the existence of a loving relationship may often produce results contrary to the intent of those involved.” Otero v. City of Albuquerque, 1998-NMCA-137, ¶ 15 , 125 N.M. 770 , 965 P.2d 354 (citations omitted)). {65} We should be wary of interpreting statutes in a way that would dilute the need for such formality, relying instead upon the more ambiguous standard of “best interests.” Thus, legal parenthood by holding out should generally track the requirements for legal descendance by holding out, also known as “equitable adoption,” which is construed narrowly,

12012–2012
State v. Sosa green
nm · 1997
2 sentences

2005State v. Sosa, 1997-NMSC-032, ¶ 25 , 123 N.M. 564 , 943 P.2d 1017 (holding that the use of an ambiguous instruction that confuses or misleads a jury is reversible error).

2005State v. Sosa, 1997-NMSC-032, ¶ 25 , 123 N.M. 564 , 943 P.2d 1017 (holding that the use of an ambiguous instruction that confuses or misleads a jury is reversible error).

12005–2005
State v. Crosby green
nm · 1920
2 sentences

1994Crosby, 26 N.M. at 324 , 191 P. at 1081 .

1994Crosby, 26 N.M. at 324 , 191 P. at 1081 .

11994–1994

Where else courts name it

CA 51 (1939–2025) NJ 18 (1953–2022) MD 13 (1958–2016) NH 12 (1985–2023) NM 10 (1986–2022) IL 10 (1904–2021) LA 10 (1933–2006) WA 9 (1997–2025) WI 8 (2003–2024) TX 8 (1981–2025) MO 8 (1960–2018) OH 7 (2000–2019) DC 6 (1981–2021) OR 5 (1968–2020) HI 5 (1950–2017) NY 5 (1985–2022) NC 5 (1990–2007) CO 5 (2000–2026) FL 5 (1991–2011) PA 5 (1930–2026) WV 4 (1925–2025) CT 3 (1989–2012) ME 3 (1981–2025) ID 3 (2009–2009) UT 2 (2000–2012) KY 2 (2022–2024) AZ 2 (1995–2014) DE 2 (2017–2024) VT 2 (2004–2011) KS 2 (1990–2016) SD 2 (2009–2009) TN 2 (1993–2016) GA 2 (1963–1996) MI 2 (1975–1991) MN 2 (2005–2016)

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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