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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.
| Case | Followed | Cited |
|---|---|---|
High Ridge Hinkle Joint Venture v. City of Albuquerquegreen2 sentences2014See, 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. | 2 | 4 |
Otero v. City of Albuquerquegreen2 sentences2012To 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, | 1 | 1 |
Santillanes v. Stategreen2 sentences2005In 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). | 1 | 1 |
Knowles v. United Services Automobile Ass'ngreen2 sentences2004See 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). | 1 | 1 |
Computer Corner, Inc. v. Fireman's Fund Insurancegreen2 sentences2004See 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). | 1 | 1 |
State v. Archuletagreen2 sentences1986See 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Knowles v. United Services Automobile Ass'ngreen2 sentences2004See 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). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
ConocoPhillips Co. v. Lyons
green
1 sentence2022We 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 . | 1 | 2022–2022 |
Poncho v. Bowdoin
green
2 sentences2012To 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, | 1 | 2012–2012 |
State v. Sosa
green
2 sentences2005State 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). | 1 | 2005–2005 |
State v. Crosby
green
2 sentences1994Crosby, 26 N.M. at 324 , 191 P. at 1081 . 1994Crosby, 26 N.M. at 324 , 191 P. at 1081 . | 1 | 1994–1994 |
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.