8 New Mexico opinions name it 2 courts 1914–2022 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 |
|---|---|---|
Wilson v. Denvergreen1 sentence2022See id. {17} We agree with Petitioner that Section 73-20-39 does not authorize a departure from the principle of “one person, one vote” in electing district supervisors. | 1 | 1 |
Akel v. New Mexico Human Services Departmentgreen2 sentences1998Dep’t, 106 N.M. 741, 743 , 749 P.2d 1120, 1122 (Ct. App.1987) (requiring agency’s decision to “adequately reflect the basis for [its] determination and the reasoning used in arriving at such determination ... so that this court may adequately perform its appellate review.”). {18} Southwest and the Department attempt to distinguish Green and Akel on the grounds that Akel did not involve an agency’s departure from a hearing officer’s recommendations and Green involved a total failure to explain how the agency was treating the hearing officer’s recommendations rather than just a failure to explai 1998Dep’t, 106 N.M. 741, 743 , 749 P.2d 1120, 1122 (Ct. App.1987) (requiring agency’s decision to “adequately reflect the basis for [its] determination and the reasoning used in arriving at such determination ... so that this court may adequately perform its appellate review.”). {18} Southwest and the Department attempt to distinguish Green and Akel on the grounds that Akel did not involve an agency’s departure from a hearing officer’s recommendations and Green involved a total failure to explain how the agency was treating the hearing officer’s recommendations rather than just a failure to explai | 1 | 1 |
State v. Bacagreen2 sentences1993In State v. Baca, 87 N.M. 12, 13-14 , 528 P.2d 656, 657-58 (Ct.App.), cert. denied, 87 N.M. 5 , 528 P.2d 649 (1974), this Court observed that Article II, Section 10 of the New Mexico Constitution protects against unreasonable searches and that law enforcement officers, prior to making a forced entry, must give notice of their authority and purpose, absent a showing that exigent circumstances justify a departure from such standard. 1993In State v. Baca, 87 N.M. 12, 13-14 , 528 P.2d 656, 657-58 (Ct.App.), cert. denied, 87 N.M. 5 , 528 P.2d 649 (1974), this Court observed that Article II, Section 10 of the New Mexico Constitution protects against unreasonable searches and that law enforcement officers, prior to making a forced entry, must give notice of their authority and purpose, absent a showing that exigent circumstances justify a departure from such standard. | 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 |
|---|---|---|
Blaze Construction Co. v. Taxation & Revenue Department
green
2 sentences2013Co. v. Taxation & Revenue Dep’t, 118 N.M. 647 , 884 P.2d 803 (1994). 2 requires that the witness be presented in court in such a way as to fulfill the elements of the Confrontation Clause and, if there is to be a departure from that standard, any variance be necessary to further an important public policy. 2013Co. v. Taxation & Revenue Dep’t, 118 N.M. 647 , 884 P.2d 803 (1994). 2 requires that the witness be presented in court in such a way as to fulfill the elements of the Confrontation Clause and, if there is to be a departure from that standard, any variance be necessary to further an important public policy. | 1 | 2013–2013 |
Phillips v. Smith
green
2 sentences1993In State v. Baca, 87 N.M. 12, 13-14 , 528 P.2d 656, 657-58 (Ct.App.), cert. denied, 87 N.M. 5 , 528 P.2d 649 (1974), this Court observed that Article II, Section 10 of the New Mexico Constitution protects against unreasonable searches and that law enforcement officers, prior to making a forced entry, must give notice of their authority and purpose, absent a showing that exigent circumstances justify a departure from such standard. 1993In State v. Baca, 87 N.M. 12, 13-14 , 528 P.2d 656, 657-58 (Ct.App.), cert. denied, 87 N.M. 5 , 528 P.2d 649 (1974), this Court observed that Article II, Section 10 of the New Mexico Constitution protects against unreasonable searches and that law enforcement officers, prior to making a forced entry, must give notice of their authority and purpose, absent a showing that exigent circumstances justify a departure from such standard. | 1 | 1993–1993 |
Stambaugh v. Hayes
green
2 sentences1976Our Supreme Court in Stambaugh v. Hayes, 44 N.M. 443 , 103 P.2d 640 (1940) quoted the following with approval from P. F. Collier and Son Co. v. Hartfeil, 72 F.2d 625 (8th Cir. 1934): “Where evidence is equally consistent with two hypotheses, it tends to prove neither.” That is to say the mere choice of possibilities does not constitute competent evidence. 1976Our Supreme Court in Stambaugh v. Hayes, 44 N.M. 443 , 103 P.2d 640 (1940) quoted the following with approval from P. F. Collier and Son Co. v. Hartfeil, 72 F.2d 625 (8th Cir. 1934): “Where evidence is equally consistent with two hypotheses, it tends to prove neither.” That is to say the mere choice of possibilities does not constitute competent evidence. | 1 | 1976–1976 |
P. F. Collier & Son Co. v. Hartfeil
green
1 sentence1976Our Supreme Court in Stambaugh v. Hayes, 44 N.M. 443 , 103 P.2d 640 (1940) quoted the following with approval from P. F. Collier and Son Co. v. Hartfeil, 72 F.2d 625 (8th Cir. 1934): “Where evidence is equally consistent with two hypotheses, it tends to prove neither.” That is to say the mere choice of possibilities does not constitute competent evidence. | 1 | 1976–1976 |
Fraser v. State Savings Bank
green
1 sentence1929Bank, 18 N. M. 340, 137 P. 592 . | 1 | 1929–1929 |
Childers v. Southern Pacific Co.
green
1 sentence1919And this rule was approved by this court in the case of Childers v. Southern Pacific Co., 20 N. M. 366, 149 Pac. 307 . | 1 | 1919–1919 |
Weaver v. Weaver
green
1 sentence1914The lower court ruled that it was “without power to sustain the said motion and restore the said carrso to the docket and doth therefore overrule the same”; which ruling is assigned as error here. 1 This case presents no features distinguishable from Weaver v. Weaver, 16 N. M. 98, 113 Pac. 599 , which would call for a departure from the rule laid down there, and upon the authority of that case the judgment of the lower court is affirmed, and, IT IS SO OBDEEED. | 1 | 1914–1914 |
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.