credibility defense (New Mexico) · Go Syfert
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credibility defense in New Mexico

10 New Mexico opinions name it 2 courts 1992–2026 3 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 (8)

CaseFollowedCited
State v. Rojogreen
nm · 1998 · cited in 5 New Mexico opinions naming this issue, 2014–2026
2 sentences

2026“The prosecutor may comment on the credibility of defense 14 witnesses.” Rojo, 1999-NMSC-001, ¶ 56 (internal quotation marks and citation 15 omitted).

2014Agency, 1989-NMSC-055 , 108 N.M. 722 , 779 P.2d 99 ; see State v. Rojo, 1999-NMSC-001, ¶ 56 , 126 N.M. 438 , 971 P.2d 829 (statingthat “[t]he prosecutor may comment on the credibility of defense witnesses” including the defendant himself (internal quotation marks and citation omitted)).

45
Gallegos v. Citizens Insurance Agencygreen
nm · 1989 · cited in 3 New Mexico opinions naming this issue, 2010–2014
2 sentences

2014Agency, 1989-NMSC-055 , 108 N.M. 722 , 779 P.2d 99 ; see State v. Rojo, 1999-NMSC-001, ¶ 56 , 126 N.M. 438 , 971 P.2d 829 (statingthat “[t]he prosecutor may comment on the credibility of defense witnesses” including the defendant himself (internal quotation marks and citation omitted)).

2014Agency, 1989-NMSC-055 , 108 N.M. 722 , 779 P.2d 99 ; see State v. Rojo, 1999-NMSC-001, ¶ 56 , 126 N.M. 438 , 971 P.2d 829 (statingthat “[t]he prosecutor may comment on the credibility of defense witnesses” including the defendant himself (internal quotation marks and citation omitted)).

13
State v. Dominguezgreen
nmctapp · 2014 · cited in 1 New Mexico opinions naming this issue, 2025–2025
1 sentence

2025State v. Rojo, 1999-NMSC-001, ¶ 56 , 126 N.M. 438 , 971 P.2d 829 (internal quotation marks and citation omitted)); see State v. Dominguez, 2014-NMCA-064, ¶ 25 , 327 P.3d 1092 .

11
Case v. Hatchgreen
nm · 2008 · cited in 1 New Mexico opinions naming this issue, 2025–2025
2 sentences

2025The following credibility factors, if present, weigh in favor of granting a motion for a new trial on the basis of a recantation: (1) the original verdict was based upon uncorroborated testimony; (2) the recantation is corroborated by additional new evidence; (3) the recantation occurred under circumstances free from suspicion of undue influence or pressure from any source; (4) the record fails to disclose any possibility of collusion between the defendant and the witness between the time of the 1Case applied this principle to a petition for habeas corpus, not a motion for a new trial. 2008-NM

2025See Case, 2008-NMSC-024, ¶ 17 .

11
State v. Hoxsiegreen
nm · 1984 · cited in 1 New Mexico opinions naming this issue, 2010–2010
2 sentences

2010See 5 generally State v. Hoxsie, 101 N.M. 7, 9 , 677 P.2d 620, 622 (1984) (observing that the 6 state has the right to inquire into and comment upon the credibility of defense 7 witnesses, including by inference that the testimony was tailored to be consistent with 8 other testimony), overruled on other grounds by Gallegos v. Citizens Ins.

2010See 5 generally State v. Hoxsie, 101 N.M. 7, 9 , 677 P.2d 620, 622 (1984) (observing that the 6 state has the right to inquire into and comment upon the credibility of defense 7 witnesses, including by inference that the testimony was tailored to be consistent with 8 other testimony), overruled on other grounds by Gallegos v. Citizens Ins.

11
State v. Sanchezgreen
nm · 1995 · cited in 1 New Mexico opinions naming this issue, 1998–1998
2 sentences

1998“The prosecutor may comment on the credibility of defense witnesses and on the lack of corroborating evidence of [a defendant’s] alibi.” State v. Sanchez, 120 N.M. 247, 254 , 901 P.2d 178, 185 (1995).

1998“The prosecutor may comment on the credibility of defense witnesses and on the lack of corroborating evidence of [a defendant’s] alibi.” State v. Sanchez, 120 N.M. 247, 254 , 901 P.2d 178, 185 (1995).

11
State v. Macongreen
moctapp · 1993 · cited in 1 New Mexico opinions naming this issue, 1995–1995
1 sentence

1995See State v. Macon, 845 S.W.2d 695, 696 (Mo.Ct.App.1993) (holding that prosecutor’s comments concerning defendant’s lack of corroborating evidence does not constitute an improper shift of the burden of proof in light of the court’s instructions on the state’s burden); People v. Medina, 190 Colo. 225 , 545 P.2d 702 (1976) (stating that prosecutor can comment on the defendant’s failure to independently corroborate alibi testimony and on the lack of evidence confirming the defendant’s theory of case).

11
State v. Strobelgreen
ohioctapp · 1988 · cited in 1 New Mexico opinions naming this issue, 1992–1992
2 sentences

1992See State v. Strobel, 51 Ohio App.3d 31 , 554 N.E.2d 916 (1988).

1992See State v. Strobel, 51 Ohio App.3d 31 , 554 N.E.2d 916 (1988).

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 (1)

CaseCitedYears
People v. Medina green
· 1976
2 sentences

1995See State v. Macon, 845 S.W.2d 695, 696 (Mo.Ct.App.1993) (holding that prosecutor’s comments concerning defendant’s lack of corroborating evidence does not constitute an improper shift of the burden of proof in light of the court’s instructions on the state’s burden); People v. Medina, 190 Colo. 225 , 545 P.2d 702 (1976) (stating that prosecutor can comment on the defendant’s failure to independently corroborate alibi testimony and on the lack of evidence confirming the defendant’s theory of case).

1995See State v. Macon, 845 S.W.2d 695, 696 (Mo.Ct.App.1993) (holding that prosecutor’s comments concerning defendant’s lack of corroborating evidence does not constitute an improper shift of the burden of proof in light of the court’s instructions on the state’s burden); People v. Medina, 190 Colo. 225 , 545 P.2d 702 (1976) (stating that prosecutor can comment on the defendant’s failure to independently corroborate alibi testimony and on the lack of evidence confirming the defendant’s theory of case).

11995–1995

Statutes the citing opinions construe

NM § N.M. Stat. § 30-9-11 (4) NM § N.M. Stat. § 30-4-1 (3) NM § N.M. Stat. § 31-18-15 (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

TX 412 (1972–2026) CA 141 (1957–2026) IL 66 (1974–2025) NY 46 (1973–2024) MI 32 (1976–2025) OH 30 (1996–2026) PA 27 (1973–2025) LA 26 (1959–2017) MO 24 (1905–2024) CO 23 (1975–2026) WA 22 (1981–2025) NJ 19 (1976–2025) FL 17 (1980–2019) CT 16 (1981–2025) GA 16 (1978–2021) TN 15 (1991–2024) MN 15 (1976–2019) MA 14 (1981–2024) KS 12 (1968–2022) NM 10 (1992–2026) DC 10 (1977–2022) WI 9 (1980–2022) RI 8 (1992–2023) IN 7 (1976–2017) VA 7 (1993–2026) MD 7 (1982–2018) IA 7 (1983–2026) HI 7 (1997–2024) UT 7 (1998–2021) MS 6 (1994–2026) NC 6 (1980–2016) WV 6 (1996–2025) OK 5 (1984–2011) SC 4 (1999–2018) MT 4 (1982–2021) WY 4 (1990–2006) AL 4 (1993–2016) VT 3 (2005–2017) SD 3 (1961–2024) ME 3 (2008–2023) AZ 2 (2021–2022) NE 2 (1954–2014) AR 2 (2013–2014) DE 2 (1994–2025)

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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