Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 New Mexico opinions name it 2 courts 1993–2023 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 |
|---|---|---|
Maso v. STATE OF NEW MEXICO TAXATIONgreen2 sentences2011Additionally, a license revocation hearing is a 10 “summary administrative proceeding designed to handle license revocation matters 11 quickly.” Maso, 2004-NMSC-028, ¶ 12 (internal quotation marks and citation 12 omitted). 2007Cf. Maso v. State Taxation & Revenue Dep’t, 2004-NMSC-028, ¶ 14 , 136 N.M. 161 , 96 P.3d 286 (holding, in a case where the petitioner argued that he had a right to be served with notice of a license revocation hearing in Spanish, that N.M. | 1 | 2 |
Weiss v. New Mexico Board of Dentistrygreen2 sentences2012Bd. of Dentistry, 110 N.M. 574, 579 , 798 P.2d 175, 180 (1990) (holding that a prior criminal conviction was itself sufficient to support the Board of Dentistry revoking a dental license in a subsequent license revocation hearing); cf. New Mexico Corrections Department Policies, supra, CD-090101(A)(7) (“Any act, although not specifically listed in this policy, that would be either a felony or misdemeanor under the Criminal Code of the State of New Mexico or the Laws of the United States of America will constitute a misconduct violation under criteria established by this policy.”). {24} In focu 2012Bd. of Dentistry, 110 N.M. 574, 579 , 798 P.2d 175, 180 (1990) (holding that a prior criminal conviction was itself sufficient to support the Board of Dentistry revoking a dental license in a subsequent license revocation hearing); cf. New Mexico Corrections Department Policies, supra, CD-090101(A)(7) (“Any act, although not specifically listed in this policy, that would be either a felony or misdemeanor under the Criminal Code of the State of New Mexico or the Laws of the United States of America will constitute a misconduct violation under criteria established by this policy.”). {24} In focu | 1 | 1 |
Dente v. State Taxation & Revenue Department, Motor Vehicle Divisiongreen2 sentences2011The Maine Supreme Judicial Court aptly observed that “[rjequiring hearing examiners to apply the exclusionary rule would unnecessarily complicate and burden an administrative proceeding designed to focus on the single issue of whether a person was operating a vehicle with excessive alcohol in his blood.” Powell, 614 A.2d at 1307 ; see Dente, 1997-NMCA-099, ¶ 7 , 124 N.M. 93 , 946 P.2d 1104 (explaining that a license revocation hearing is “designed to be a summary administrative proceeding that handles revocation matters quickly”). {28} Driver analogizes license revocation to civil forfeiture o 2011The Maine Supreme Judicial Court aptly observed that “[rjequiring hearing examiners to apply the exclusionary rule would unnecessarily complicate and burden an administrative proceeding designed to focus on the single issue of whether a person was operating a vehicle with excessive alcohol in his blood.” Powell, 614 A.2d at 1307 ; see Dente, 1997-NMCA-099, ¶ 7 , 124 N.M. 93 , 946 P.2d 1104 (explaining that a license revocation hearing is “designed to be a summary administrative proceeding that handles revocation matters quickly”). {28} Driver analogizes license revocation to civil forfeiture o | 1 | 1 |
State Ex Rel. Schwartz v. Kennedygreen2 sentences2011A license revocation hearing “is entirely separate and distinct from the proceeding to determine the guilt or innocence of the person as to the crime of DWI.” See Schwartz, 120 N.M. at 626 , 904 P.2d at 1051 (internal quotation marks and citation omitted). 2011A license revocation hearing “is entirely separate and distinct from the proceeding to determine the guilt or innocence of the person as to the crime of DWI.” See Schwartz, 120 N.M. at 626 , 904 P.2d at 1051 (internal quotation marks and citation omitted). | 1 | 1 |
Forfeiture of $14,639 in US Currencygreen2 sentences2011See In re Forfeiture of Fourteen Thousand Six Hundred Thirty Nine Dollars ($14,639), 120 N.M. 408 , 413, 902 P.2d 563 , 568 (Ct.App. 1995) (holding that exclusionary rule applies in forfeiture proceedings). 2011See In re Forfeiture of Fourteen Thousand Six Hundred Thirty Nine Dollars ($14,639), 120 N.M. 408 , 413, 902 P.2d 563 , 568 (Ct.App. 1995) (holding that exclusionary rule applies in forfeiture proceedings). | 1 | 1 |
Southwestern Creditors Assn. v. Garveygreen1 sentence2011We therefore conclude that the district court abused its discretion by 13 applying collateral estoppel in light of our decision in Bishop. 14 Moreover, this Court in Bishop stated that “we believe there are good policy 15 reasons for not applying collateral estoppel” in this context. 113 N.M. at 735 , 832 16 P.2d at 796. | 1 | 1 |
Plummer v. Devoregreen2 sentences1998See Plummer, 114 N.M. at 245 , 836 P.2d at 1266 . {10} How must the State make this threshold showing in a license revocation hearing? 1998See Plummer, 114 N.M. at 245 , 836 P.2d at 1266 . {10} How must the State make this threshold showing in a license revocation hearing? | 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 TAXATION & REVENUE DEPT. v. Bargas
green
2 sentences2023In New Mexico Taxation and Revenue Department v. Bargas, the petitioner’s license revocation hearing was scheduled 124 days after the notice of revocation because the petitioner’s counsel requested two continuances. 2000-NMCA- 103, ¶¶ 2-3, 129 N.M. 800 , 14 P.3d 538 . 2023In New Mexico Taxation and Revenue Department v. Bargas, the petitioner’s license revocation hearing was scheduled 124 days after the notice of revocation because the petitioner’s counsel requested two continuances. 2000-NMCA- 103, ¶¶ 2-3, 129 N.M. 800 , 14 P.3d 538 . | 2 | 2004–2023 |
Bierner v. State, Taxation & Revenue Department
green
2 sentences1993We recently held in Bierner v. State, 113 N.M. 696 , 831 P.2d 995 (Ct.App.1992), that the BAC at issue in a license-revocation hearing is the BAC at the time of the test, not at the time that the licensee was driving. 1993We recently held in Bierner v. State, 113 N.M. 696 , 831 P.2d 995 (Ct.App.1992), that the BAC at issue in a license-revocation hearing is the BAC at the time of the test, not at the time that the licensee was driving. | 2 | 1993–1993 |
Powell v. Secretary of State
green
1 sentence2011The Maine Supreme Judicial Court aptly observed that “[rjequiring hearing examiners to apply the exclusionary rule would unnecessarily complicate and burden an administrative proceeding designed to focus on the single issue of whether a person was operating a vehicle with excessive alcohol in his blood.” Powell, 614 A.2d at 1307 ; see Dente, 1997-NMCA-099, ¶ 7 , 124 N.M. 93 , 946 P.2d 1104 (explaining that a license revocation hearing is “designed to be a summary administrative proceeding that handles revocation matters quickly”). {28} Driver analogizes license revocation to civil forfeiture o | 1 | 2011–2011 |
State v. Bishop
green
2 sentences2011Bishop, 113 N.M. at 734 , 832 P.2d at 795 . 2011Bishop, 113 N.M. at 734 , 832 P.2d at 795 . | 1 | 2011–2011 |
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.
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.