propriety of a jury instruction (New Mexico) · Go Syfert
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propriety of a jury instruction in New Mexico

8 New Mexico opinions name it 2 courts 1993–2016 0 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 (1)

CaseFollowedCited
State v. Gainesgreen
nm · 2001 · cited in 1 New Mexico opinions naming this issue, 2008–2008
2 sentences

2008See State v. Gaines, 2001-NMSC-036 , ¶ 4, 131 N.M. 347 , 36 P.3d 438 .

2008See State v. Gaines, 2001-NMSC-036 , ¶ 4, 131 N.M. 347 , 36 P.3d 438 .

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 (5)

CaseCitedYears
State v. Munoz green
nm · 1998
2 sentences

2014State v. Munoz, 1998-NMSC-041, ¶ 8 , 126 N.M. 371 , 970 P.2d 143 .

2014State v. Munoz, 1998-NMSC-041, ¶ 8 , 126 N.M. 371 , 970 P.2d 143 .

22014–2014
Castillo v. City of Las Vegas green
nmctapp · 2008
2 sentences

2012We start with our standard of review. {26} “The propriety of a jury instruction is a mixed question of fact and law[.]” Castillo v. City of Las Vegas, 2008-NMCA-141, ¶ 17 , 145 N.M. 205 , 195 P.3d 870 .

2012We start with our standard of review. {26} “The propriety of a jury instruction is a mixed question of fact and law[.]” Castillo v. City of Las Vegas, 2008-NMCA-141, ¶ 17 , 145 N.M. 205 , 195 P.3d 870 .

22012–2012
Poore v. State green
nm · 1980
2 sentences

2016In her 17 memorandum in opposition, Defendant responds to our concern by citing to Poore v. 18 State, 1980-NMSC-035 , 94 N.M. 172 , 608 P.2d 148 , for the proposition that “when 19 considering the propriety of a jury instruction, the evidence must be examined in favor 8 1 of the defendant, to whom the instruction might be of any benefit under any 2 reasonable hypothesis.” [MIO 9] While this may be true, Poore is inapposite to the 3 question of whether an entrapment defense is available to a defendant who denies 4 committing the offense.

2016In her 17 memorandum in opposition, Defendant responds to our concern by citing to Poore v. 18 State, 1980-NMSC-035 , 94 N.M. 172 , 608 P.2d 148 , for the proposition that “when 19 considering the propriety of a jury instruction, the evidence must be examined in favor 8 1 of the defendant, to whom the instruction might be of any benefit under any 2 reasonable hypothesis.” [MIO 9] While this may be true, Poore is inapposite to the 3 question of whether an entrapment defense is available to a defendant who denies 4 committing the offense.

12016–2016
State v. Salazar green
nm · 1997
2 sentences

2010State v. 11 Salazar, 1997-NMSC-044, ¶ 49 , 123 N.M. 778 , 945 P.2d 996 .

2010State v. 11 Salazar, 1997-NMSC-044, ¶ 49 , 123 N.M. 778 , 945 P.2d 996 .

12010–2010
State v. Gregg green
nmctapp · 1972
1 sentence

1993Id. at 398, 492 P.2d at 1261 .

11993–1993

Where else courts name it

CA 21 (1959–2025) WA 16 (1997–2024) IL 12 (1971–2019) NM 8 (1993–2016) TN 8 (2007–2018) IN 8 (2001–2020) ID 8 (1980–2014) MA 8 (1996–2015) PA 7 (1992–2023) CT 6 (2000–2010) GA 5 (1985–2019) UT 4 (1992–2026) VA 4 (2004–2025) AZ 4 (1984–2005) CO 4 (2002–2024) FL 4 (1993–2024) AL 4 (1995–2007) MS 4 (1992–2023) TX 3 (2006–2006) MO 3 (1996–2017) DE 3 (1982–1993) MD 3 (1972–2011) OH 3 (1992–2007) NY 2 (2003–2014)

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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