scientific reliability test (New Mexico) · Go Syfert
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scientific reliability test in New Mexico

9 New Mexico opinions name it 1 courts 2002–2025 2 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 (10)

CaseFollowedCited
State v. Tollardogreen
nm · 2012 · cited in 4 New Mexico opinions naming this issue, 2018–2025
2 sentences

2025See State v. McClennen, 2008-NMCA-130, ¶ 12 , 144 N.M. 878 , 192 P.3d 1255 (stating that, in a criminal case, “[b]efore the results of a field test can be introduced to prove the identity of contraband, the state must establish the scientific reliability of the test and the validity of the scientific principles on which the field test is based”), overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6.

2021See State v. Morales, 2002- NMCA-052, ¶ 23, 132 N.M. 146 , 45 P.3d 406 , overruled on other grounds by State v. Tollardo, 2012-NMSC-008 , ¶ 37 n.6, 275 P.3d 110 ; see also State v. McClennen, 2008- NMCA-130, ¶ 12, 144 N.M. 878 , 192 P.3d 1255 (stating that, in a criminal case, “[b]efore the results of a field test can be introduced to prove the identity of contraband, the state must establish the scientific reliability of the test and the validity of the scientific principles on which the field test is based”), overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6.

24
State v. McClennenred
nmctapp · 2008 · cited in 3 New Mexico opinions naming this issue, 2019–2025
2 sentences

2025See State v. McClennen, 2008-NMCA-130, ¶ 12 , 144 N.M. 878 , 192 P.3d 1255 (stating that, in a criminal case, “[b]efore the results of a field test can be introduced to prove the identity of contraband, the state must establish the scientific reliability of the test and the validity of the scientific principles on which the field test is based”), overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6.

2025See State v. McClennen, 2008-NMCA-130, ¶ 12 , 144 N.M. 878 , 192 P.3d 1255 (stating that, in a criminal case, “[b]efore the results of a field test can be introduced to prove the identity of contraband, the state must establish the scientific reliability of the test and the validity of the scientific principles on which the field test is based”), overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6.

23
State v. Onsurezgreen
nmctapp · 2002 · cited in 2 New Mexico opinions naming this issue, 2016–2016
2 sentences

2016See State v. Onsurez, 2002-NMCA-082, ¶ 10 , 132 N.M. 485 , 51 P.3d 528 (“The [s]tate need not independently prove the scientific reliability of the test as part of its prima facie case.”).

2016See State v. Onsurez, 2002-NMCA-082, ¶ 10 , 132 N.M. 485 , 51 P.3d 528 (“The [s]tate need not independently prove the scientific reliability of the test as part of its prima facie case.”).

22
State v. Moralesred
nmctapp · 2002 · cited in 3 New Mexico opinions naming this issue, 2008–2021
2 sentences

2021See State v. Morales, 2002- NMCA-052, ¶ 23, 132 N.M. 146 , 45 P.3d 406 , overruled on other grounds by State v. Tollardo, 2012-NMSC-008 , ¶ 37 n.6, 275 P.3d 110 ; see also State v. McClennen, 2008- NMCA-130, ¶ 12, 144 N.M. 878 , 192 P.3d 1255 (stating that, in a criminal case, “[b]efore the results of a field test can be introduced to prove the identity of contraband, the state must establish the scientific reliability of the test and the validity of the scientific principles on which the field test is based”), overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6.

2021See State v. Morales, 2002- NMCA-052, ¶ 23, 132 N.M. 146 , 45 P.3d 406 , overruled on other grounds by State v. Tollardo, 2012-NMSC-008 , ¶ 37 n.6, 275 P.3d 110 ; see also State v. McClennen, 2008- NMCA-130, ¶ 12, 144 N.M. 878 , 192 P.3d 1255 (stating that, in a criminal case, “[b]efore the results of a field test can be introduced to prove the identity of contraband, the state must establish the scientific reliability of the test and the validity of the scientific principles on which the field test is based”), overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6.

13
Compton v. Subaru of America, Inc.red
ca10 · 1996 · cited in 1 New Mexico opinions naming this issue, 2011–2011
1 sentence

2011Torres adopted the rationale of 22 Compton v. Subaru of America, Inc., 82 F.3d 1513, 1518 (10th Cir 1996), that 19 1 Alberico does not extend to expert testimony based on experience or non-scientific 2 knowledge, and New Mexico has continued to recognize this principle despite 3 Compton being overruled by Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).

11
Frye v. United Statesred
cadc · 1923 · cited in 1 New Mexico opinions naming this issue, 2002–2002
1 sentence

2002See Gardner, 1998-NMCA-160, ¶ 9 , 126 N.M. 125 , 967 P.2d 465 (holding that results of breath tests taken under the ICA may be admitted into evidence if “the tests [are] taken in accordance with department of health regulations”); see also Woods v. State, 593 So.2d 103, 105-06 (Ala.Crim.App.1991) (holding breath test properly admitted when prosecution showed compliance with regulations of state board of heath regarding test; trial court did not err in refusing to allow defense to cross-examine officer about internal workings of machine); State v. Sensing, 843 S.W.2d 412, 416 (Tenn.1992) (testi

11
State v. Sensinggreen
tenn · 1992 · cited in 1 New Mexico opinions naming this issue, 2002–2002
1 sentence

2002See Gardner, 1998-NMCA-160, ¶ 9 , 126 N.M. 125 , 967 P.2d 465 (holding that results of breath tests taken under the ICA may be admitted into evidence if “the tests [are] taken in accordance with department of health regulations”); see also Woods v. State, 593 So.2d 103, 105-06 (Ala.Crim.App.1991) (holding breath test properly admitted when prosecution showed compliance with regulations of state board of heath regarding test; trial court did not err in refusing to allow defense to cross-examine officer about internal workings of machine); State v. Sensing, 843 S.W.2d 412, 416 (Tenn.1992) (testi

11
State v. Gardnergreen
nmctapp · 1998 · cited in 1 New Mexico opinions naming this issue, 2002–2002
2 sentences

2002See Gardner, 1998-NMCA-160, ¶ 9 , 126 N.M. 125 , 967 P.2d 465 (holding that results of breath tests taken under the ICA may be admitted into evidence if “the tests [are] taken in accordance with department of health regulations”); see also Woods v. State, 593 So.2d 103, 105-06 (Ala.Crim.App.1991) (holding breath test properly admitted when prosecution showed compliance with regulations of state board of heath regarding test; trial court did not err in refusing to allow defense to cross-examine officer about internal workings of machine); State v. Sensing, 843 S.W.2d 412, 416 (Tenn.1992) (testi

2002See Gardner, 1998-NMCA-160, ¶ 9 , 126 N.M. 125 , 967 P.2d 465 (holding that results of breath tests taken under the ICA may be admitted into evidence if “the tests [are] taken in accordance with department of health regulations”); see also Woods v. State, 593 So.2d 103, 105-06 (Ala.Crim.App.1991) (holding breath test properly admitted when prosecution showed compliance with regulations of state board of heath regarding test; trial court did not err in refusing to allow defense to cross-examine officer about internal workings of machine); State v. Sensing, 843 S.W.2d 412, 416 (Tenn.1992) (testi

11
Williams v. District of Columbiagreen
dc · 1989 · cited in 1 New Mexico opinions naming this issue, 2002–2002
1 sentence

2002See Gardner, 1998-NMCA-160, ¶ 9 , 126 N.M. 125 , 967 P.2d 465 (holding that results of breath tests taken under the ICA may be admitted into evidence if “the tests [are] taken in accordance with department of health regulations”); see also Woods v. State, 593 So.2d 103, 105-06 (Ala.Crim.App.1991) (holding breath test properly admitted when prosecution showed compliance with regulations of state board of heath regarding test; trial court did not err in refusing to allow defense to cross-examine officer about internal workings of machine); State v. Sensing, 843 S.W.2d 412, 416 (Tenn.1992) (testi

11
Woods v. Stategreen
alacrimapp · 1991 · cited in 1 New Mexico opinions naming this issue, 2002–2002
1 sentence

2002See Gardner, 1998-NMCA-160, ¶ 9 , 126 N.M. 125 , 967 P.2d 465 (holding that results of breath tests taken under the ICA may be admitted into evidence if “the tests [are] taken in accordance with department of health regulations”); see also Woods v. State, 593 So.2d 103, 105-06 (Ala.Crim.App.1991) (holding breath test properly admitted when prosecution showed compliance with regulations of state board of heath regarding test; trial court did not err in refusing to allow defense to cross-examine officer about internal workings of machine); State v. Sensing, 843 S.W.2d 412, 416 (Tenn.1992) (testi

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 (4)

CaseCitedYears
State v. Fuentes green
nmctapp · 2009
2 sentences

2016Whether Defendants’ argument justifies further evaluation of the reliability of our regulatory scheme under Rule 11-702 turns on the standard articulated in Fuentes: whether Defendants’ offered testimony and evidence “make an affirmative showing that there is some reason to doubt the reliability” of BAT results generated through SLD-approved chemical testing. 2010-NMCA-027, ¶ 28 .

2016Whether Defendants’ argument justifies further evaluation of the reliability of our regulatory scheme under Rule 11-702 turns on the standard articulated in Fuentes: whether Defendants’ offered testimony and evidence “make an affirmative showing 6 that there is some reason to doubt the reliability” of BAT results generated through SLD- approved chemical testing. 2010-NMCA-027, ¶ 28 .

22016–2016
Sims v. Sims green
nm · 1996
1 sentence

2018“An abuse of discretion 2 occurs when a ruling is clearly contrary to the logical conclusions demanded by the 3 facts and circumstances of the case.” Sims v. Sims, 1996-NMSC-078 , ¶ 65, 122 N.M. 4 618, 930 P.2d 153 . 5 {7} Defendant argues that under State v. Morales, 2002-NMCA-052, ¶ 23 , 132 6 N.M. 146 , 45 P.3d 406 , overruled on other grounds by State v. Tollardo, 2012- 7 NMSC-008, ¶ 37 n.6, 275 P.3d 110 , the NIK test results were inadmissible because 8 expert testimony was not provided to explain the scientific reliability of the test.

12018–2018
State v. Torres green
nm · 1999
2 sentences

2011In particular, Defendant contends that (1) the 11 scientific reliability of the meta-study relied upon by Patterson for the $100,000 12 benchmark fails to meet the reliability standard of Alberico, (2) the method by which 13 Patterson calculated the loss of enjoyment of life for the bottom number of the range, 14 by moving the decimal point on the $100,000 benchmark to $10,000, had no basis and 15 thus fails the scientific reliability standard of Alberico (3) the methodology used by 16 Patterson has not been widely accepted in the scientific literature, and (4) courts have 17 almost uniformly

2011In particular, Defendant contends that (1) the 11 scientific reliability of the meta-study relied upon by Patterson for the $100,000 12 benchmark fails to meet the reliability standard of Alberico, (2) the method by which 13 Patterson calculated the loss of enjoyment of life for the bottom number of the range, 14 by moving the decimal point on the $100,000 benchmark to $10,000, had no basis and 15 thus fails the scientific reliability standard of Alberico (3) the methodology used by 16 Patterson has not been widely accepted in the scientific literature, and (4) courts have 17 almost uniformly

12011–2011
Kumho Tire Co. v. Carmichael green
scotus · 1999
1 sentence

2011Torres adopted the rationale of 22 Compton v. Subaru of America, Inc., 82 F.3d 1513, 1518 (10th Cir 1996), that 19 1 Alberico does not extend to expert testimony based on experience or non-scientific 2 knowledge, and New Mexico has continued to recognize this principle despite 3 Compton being overruled by Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).

12011–2011

Statutes the citing opinions construe

NM § N.M. Stat. § 66-8-102 (4) NM § N.M. Stat. § 24-1-22 (3) NM § N.M. Stat. § 66-8-107 (3) NM § N.M. Stat. § 66-8-110 (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

NM 9 (2002–2025) NY 4 (1994–2009) ND 4 (1994–2000) WV 3 (1988–2012) IA 2 (2007–2007) MI 2 (2017–2017)

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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