8 New Mexico opinions name it 2 courts 1971–2018 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.
| Case | Followed | Cited |
|---|---|---|
Garcia v. Hatch Valley Public Schoolsgreen1 sentence2018See Garcia, 2016-NMCA-034, ¶¶ 16-43 . 10 In analyzing Plaintiff’s claim of national origin discrimination, the Court took upon 11 itself to answer whether the NMHRA and our caselaw place a higher evidentiary 12 burden on a plaintiff who does not “belong[] to a racial minority.” Id. ¶¶ 17-18. 13 After a detailed review of the various approaches taken by federal courts, the Court 14 of Appeals concluded that a consistent standard for “both discrimination and reverse 15 discrimination plaintiffs . . . reflects the purpose and philosophy behind Title VII as 16 expressed by the United States Suprem | 1 | 1 |
United Insurance Co. of America v. Murphygreen2 sentences2012Co. of Am. v. Murphy, 331 Ark. 364 , 961 S.W.2d 752, 756 (1998) (discussing Dun & Bradstreet and deciding to prohibit presumed damages in all defamation cases because "the better and more consistent rule ... is to require plaintiffs to prove reputational injury in all cases"); Walker v. Grand Cent. 2012Co. of Am. v. Murphy, 331 Ark. 364 , 961 S.W.2d 752, 756 (1998) (discussing Dun & Bradstreet and deciding to prohibit presumed damages in all defamation cases because "the better and more consistent rule ... is to require plaintiffs to prove reputational injury in all cases"); Walker v. Grand Cent. | 1 | 1 |
Walker v. Grand Central Sanitation, Inc.green2 sentences2012Sanitation, Inc., 430 Pa.Super. 236 , 634 A.2d 237, 243, 244 (1993) ("We [have] eviscerated the distinction between libel per se and libel per quod and held that [c]ourts in libel cases should be guided by the same general rules that govern other types of tort recovery.... 2012Sanitation, Inc., 430 Pa.Super. 236 , 634 A.2d 237, 243, 244 (1993) ("We [have] eviscerated the distinction between libel per se and libel per quod and held that [c]ourts in libel cases should be guided by the same general rules that govern other types of tort recovery.... | 1 | 1 |
Moffitt v. Reedgreen2 sentences2003This is consistent with the rule that “ ‘[t]he conveyance of a certain tract of land by the life tenant conveys to the grantee such estate as the life tenant holds____’” Statler, 68 N.W.2d at 607 . (quoting Moffitt v. Reed, 124 Neb. 410 , 246 N.W. 853, 853 (1933)). 2003This is consistent with the rule that “ ‘[t]he conveyance of a certain tract of land by the life tenant conveys to the grantee such estate as the life tenant holds____’” Statler, 68 N.W.2d at 607 . (quoting Moffitt v. Reed, 124 Neb. 410 , 246 N.W. 853, 853 (1933)). | 1 | 1 |
State v. Hudlowgreen1 sentence1997See Hudlow, 659 P.2d at 519 . | 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 v. Johnson
green
1 sentence2018“If a defendant 20 makes such a showing, the court must then weigh the probative value of that 21 evidence against the danger of unfair prejudice to the victim.” State v. Montoya, 22 2014-NMSC-032, ¶ 29 , 333 P.3d 935 . “[E]vidence of prior sexual conduct must be 5 1 admitted if a defendant shows that evidence implicates his or her constitutional 2 right of confrontation.” Johnson, 1997-NMSC-036, ¶ 22 . 3 {7} Theories of relevance which amount to propensity evidence—arguing that 4 because a victim did something in the past, the victim did so in the instant case— 5 are exactly the sort of “theo | 1 | 2018–2018 |
State v. Montoya
green
1 sentence2018“If a defendant 20 makes such a showing, the court must then weigh the probative value of that 21 evidence against the danger of unfair prejudice to the victim.” State v. Montoya, 22 2014-NMSC-032, ¶ 29 , 333 P.3d 935 . “[E]vidence of prior sexual conduct must be 5 1 admitted if a defendant shows that evidence implicates his or her constitutional 2 right of confrontation.” Johnson, 1997-NMSC-036, ¶ 22 . 3 {7} Theories of relevance which amount to propensity evidence—arguing that 4 because a victim did something in the past, the victim did so in the instant case— 5 are exactly the sort of “theo | 1 | 2018–2018 |
State v. Bernal
green
2 sentences2011State v. Bernal, 2006-NMSC-050, ¶ 32 , 140 N.M. 644 , 9 146 P.3d 289 . 2011State v. Bernal, 2006-NMSC-050, ¶ 32 , 140 N.M. 644 , 9 146 P.3d 289 . | 1 | 2011–2011 |
Duncan v. Kerby
green
1 sentence2011This is consistent with the standard 4 of review utilized by the Supreme Court in habeas petitions under Rule 5-802 NMRA. 5 Duncan, 115 N.M. at 347-48 , 851 P.2d at 469-70 . 6 Our courts look to the United States Supreme Court’s two-pronged test for 7 ineffective assistance of counsel as outlined in Strickland v. Washington, 466 U.S. 8 668, 690, 692, 694 (1984). | 1 | 2011–2011 |
State v. Paris
green
1 sentence2006Paris, 16 N.M. at 296, 414 P.2d at 515 . | 1 | 2006–2006 |
Statler v. Watson
green
1 sentence2003This is consistent with the rule that “ ‘[t]he conveyance of a certain tract of land by the life tenant conveys to the grantee such estate as the life tenant holds____’” Statler, 68 N.W.2d at 607 . (quoting Moffitt v. Reed, 124 Neb. 410 , 246 N.W. 853, 853 (1933)). | 1 | 2003–2003 |
Rein v. Dvoracek
neutral
2 sentences1971There is a consistent rule that “a trial court will not be reversed if the result be correct, even though the result may have been based upon a wrong reason.” Rein v. Dvoracek, 79 N.M. 410 , 444 P.2d 595 (Ct.App.1968). 1971There is a consistent rule that “a trial court will not be reversed if the result be correct, even though the result may have been based upon a wrong reason.” Rein v. Dvoracek, 79 N.M. 410 , 444 P.2d 595 (Ct.App.1968). | 1 | 1971–1971 |
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.