defendant requested instruction (New Mexico) · Go Syfert
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defendant requested instruction in New Mexico

8 New Mexico opinions name it 2 courts 1972–2026 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.

Followed or applied (5)

CaseFollowedCited
State v. Hendersonred
nm · 1993 · cited in 2 New Mexico opinions naming this issue, 1998–2011
2 sentences

2011See State v. Henderson, 10 116 N.M. 537, 541 , 865 P.2d 1181, 1185 (1993), overruled by Meadors, 121 N.M. 11 at 46-47, 908 P.2d at 739-40 .

2011See State v. Henderson, 10 116 N.M. 537, 541 , 865 P.2d 1181, 1185 (1993), overruled by Meadors, 121 N.M. 11 at 46-47, 908 P.2d at 739-40 .

22
State v. Meadorsgreen
nm · 1995 · cited in 2 New Mexico opinions naming this issue, 1998–2011
2 sentences

2011See State v. Henderson, 10 116 N.M. 537, 541 , 865 P.2d 1181, 1185 (1993), overruled by Meadors, 121 N.M. 11 at 46-47, 908 P.2d at 739-40 .

1998See State v. Henderson, 116 N.M. 537, 541 , 865 P.2d 1181, 1185 (1993), overruled by State v. Meadors, 121 N.M. 38, 46-47 , 908 P.2d 731, 739-40 (1995).

22
People v. Verbruggegreen
coloctapp · 1999 · cited in 1 New Mexico opinions naming this issue, 2007–2007
1 sentence

2007Timoteo, 952 P.2d at 877 (Ramil, J., dissenting); see also People v. Verbrugge, 998 P.2d 43, 45-46 (Colo.Ct.App.1999) (holding that, because the statute of limitations had run, the trial court had no jurisdiction to enter a conviction even though the defendant requested an instruction on the offense).

11
State v. Timoteogreen
haw · 1997 · cited in 1 New Mexico opinions naming this issue, 2007–2007
1 sentence

2007Timoteo, 952 P.2d at 877 (Ramil, J., dissenting); see also People v. Verbrugge, 998 P.2d 43, 45-46 (Colo.Ct.App.1999) (holding that, because the statute of limitations had run, the trial court had no jurisdiction to enter a conviction even though the defendant requested an instruction on the offense).

11
Bruno v. United Statesgreen
scotus · 1939 · cited in 1 New Mexico opinions naming this issue, 1972–1972
2 sentences

1972See Bruno v. United States, 308 U.S. 287 , 60 S.Ct. 198 , 84 L.Ed. 257 (1939), where the defendant requested the instruction on failure to testify and the failure to give the instruction was reversible error based upon an Act of Congress.

1972See Bruno v. United States, 308 U.S. 287 , 60 S.Ct. 198 , 84 L.Ed. 257 (1939), where the defendant requested the instruction on failure to testify and the failure to give the instruction was reversible error based upon an Act of Congress.

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. Boyett green
nm · 2008
1 sentence

2026On this point, State v. Boyett, 2008-NMSC-030 , is particularly instructive. {17} In Boyett, the defendant requested an instruction on inability to form specific intent due to mental disease or disorder, but the only evidence of the defendant’s mental disorder was the defendant’s testimony describing his organic brain damage.

12026–2026
State v. Jernigan green
nm · 2005
2 sentences

2015State v. Jernigan, 2006- 2 NMSC-003, ¶ 21, 139 N.M. 1 , 127 P.3d 537 . 3 {22} The first two prongs are readily satisfied.

2015State v. Jernigan, 2006- 2 NMSC-003, ¶ 21, 139 N.M. 1 , 127 P.3d 537 . 3 {22} The first two prongs are readily satisfied.

12015–2015
State v. Romero green
nmctapp · 2005
2 sentences

2010The Court of Appeals reversed the defendant’s conviction, holding that UJI 14-5181 “is contemplated to be used in certain homicide cases” when the evidence reveals that “[t]he force used by defendant ordinarily would not create a substantial risk of death or great bodily harm.” Romero, 2005-NMCA-060, ¶ 13 , 137 N.M. 456 , 112 P.3d 1113 (internal quotation marks omitted).

2010The Court of Appeals reversed the defendant’s conviction, holding that UJI 14-5181 “is contemplated to be used in certain homicide cases” when the evidence reveals that “[t]he force used by defendant ordinarily would not create a substantial risk of death or great bodily harm.” Romero, 2005-NMCA-060, ¶ 13 , 137 N.M. 456 , 112 P.3d 1113 (internal quotation marks omitted).

12010–2010
State v. Trujillo green
nmctapp · 1973
2 sentences

2004Id. at 213 , 510 P.2d at 1084 .

2004Id. at 213 , 510 P.2d at 1084 .

12004–2004

Where else courts name it

MA 32 (1977–2024) CA 23 (1912–2026) KS 20 (1901–2022) TX 18 (1977–2025) MS 12 (1913–2024) TN 9 (1998–2016) MO 9 (1904–2016) CT 9 (1972–2017) NY 8 (1993–2023) IA 8 (1916–2024) IL 8 (1901–2021) NM 8 (1972–2026) FL 7 (1916–2013) AZ 7 (1969–2009) OK 6 (1925–1998) NC 6 (1996–2024) WA 6 (1985–2013) CO 5 (1981–2020) OR 4 (1959–1998) MT 3 (1987–2025) NV 3 (1914–1997) NJ 3 (1908–2021) LA 3 (2006–2014) UT 3 (1980–2003) MD 3 (1991–2012) NE 3 (1934–2000) OH 2 (2017–2025) MI 2 (1977–1990) GA 2 (1917–2025) WI 2 (1984–1985) HI 2 (2011–2012) VA 2 (1997–2004) ND 2 (1927–2002) PA 2 (2006–2012)

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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