8 New Mexico opinions name it 2 courts 1946–2026 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.
| Case | Followed | Cited |
|---|---|---|
In Re Ruben D.green2 sentences2023See In re Ruben D., 2001-NMCA-006, ¶ 24 , 130 N.M. 110 , 18 P.3d 1063 (noting that the record demonstrated that child had anger management problems, leading to at least seventeen instances which resulted in disciplinary isolation, in determining that evidence justified extending the child’s commitment). 2023See In re Ruben D., 2001-NMCA-006, ¶ 24 , 130 N.M. 110 , 18 P.3d 1063 (noting that the record demonstrated that child had anger management problems, leading to at least seventeen instances which resulted in disciplinary isolation, in determining that evidence justified extending the child’s commitment). | 1 | 1 |
State v. Lopezgreen2 sentences2010See 12 State v. Lopez, 2008-NMCA-002, ¶ 25 , 143 N.M. 274 , 175 P.3d 942 (filed 2007) (“It 13 is well-settled law that in order to preserve a speedy trial argument, Defendant must 14 properly raise it in the lower court and invoke a ruling.”). 15 The State’s Failure to Provide Discovery Prior to Trial 16 Defendant asserted in his docketing statement that (1) his rights to due process, 17 confrontation, and effective cross-examination were violated because the prosecution 18 failed to disclose during discovery the SANE nurse who testified at trial [DS 7]; (2) 19 his rights to due process, confr 2010See 12 State v. Lopez, 2008-NMCA-002, ¶ 25 , 143 N.M. 274 , 175 P.3d 942 (filed 2007) (“It 13 is well-settled law that in order to preserve a speedy trial argument, Defendant must 14 properly raise it in the lower court and invoke a ruling.”). 15 The State’s Failure to Provide Discovery Prior to Trial 16 Defendant asserted in his docketing statement that (1) his rights to due process, 17 confrontation, and effective cross-examination were violated because the prosecution 18 failed to disclose during discovery the SANE nurse who testified at trial [DS 7]; (2) 19 his rights to due process, confr | 1 | 1 |
State v. Bennettgreen1 sentence2007See State v. Lobato, 2006-NMCA-051, ¶29 , 139 N.M. 431 , 134 P.3d 122 ; Guzman, 2004-NMCA-097, ¶13 ; see also Bennett, 2003-NMCA-147, ¶16 (concluding that a defendant’s acquiescence to an extension of the rule constitutes a waiver of the rule’s requirements). | 1 | 1 |
State v. Handagreen2 sentences2007Although the district court had exhausted its extensions and the parties should have sought an extension of the rule with the Supreme Court, we believe that “[t]o allow a defendant to invite error and to subsequently complain about that very error would subvert the orderly and equitable administration of justice.” State v. Handa, 120 N.M. 38, 45-46 , 897 P.2d 225, 232-33 (Ct.App.1995) (internal quotation marks and citation omitted). 2007Although the district court had exhausted its extensions and the parties should have sought an extension of the rule with the Supreme Court, we believe that “[t]o allow a defendant to invite error and to subsequently complain about that very error would subvert the orderly and equitable administration of justice.” State v. Handa, 120 N.M. 38, 45-46 , 897 P.2d 225, 232-33 (Ct.App.1995) (internal quotation marks and citation omitted). | 1 | 1 |
State v. Lobatogreen2 sentences2007See State v. Lobato, 2006-NMCA-051, ¶29 , 139 N.M. 431 , 134 P.3d 122 ; Guzman, 2004-NMCA-097, ¶13 ; see also Bennett, 2003-NMCA-147, ¶16 (concluding that a defendant’s acquiescence to an extension of the rule constitutes a waiver of the rule’s requirements). 2007See State v. Lobato, 2006-NMCA-051, ¶29 , 139 N.M. 431 , 134 P.3d 122 ; Guzman, 2004-NMCA-097, ¶13 ; see also Bennett, 2003-NMCA-147, ¶16 (concluding that a defendant’s acquiescence to an extension of the rule constitutes a waiver of the rule’s requirements). | 1 | 1 |
Escola v. Coca Cola Bottling Co.green2 sentences1996See Escola v. Coca Cola Bottling Co., 24 Cal.2d 453 , 150 P.2d 436, 440-41 (1944) (Traynor, J., concurring). 1996See Escola v. Coca Cola Bottling Co., 24 Cal.2d 453 , 150 P.2d 436, 440-41 (1944) (Traynor, J., concurring). | 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 |
|---|---|---|
Howell v. Heim
green
2 sentences2026Cf. Howell v. Heim, 1994-NMSC-103 , ¶ 17, 118 N.M. 500 , 6 882 P.2d 541 (discussing the presumption that laws will “apply prospectively absent 7 a clear intention to the contrary”); NMSA 1978, § 12-2A-8 (1997) (“A statute or rule 8 operates prospectively only unless the statute or rule expressly provides otherwise 9 or its context requires that it operate retrospectively.”). 2026Cf. Howell v. Heim, 1994-NMSC-103 , ¶ 17, 118 N.M. 500 , 6 882 P.2d 541 (discussing the presumption that laws will “apply prospectively absent 7 a clear intention to the contrary”); NMSA 1978, § 12-2A-8 (1997) (“A statute or rule 8 operates prospectively only unless the statute or rule expressly provides otherwise 9 or its context requires that it operate retrospectively.”). | 1 | 2026–2026 |
State v. Guzman
green
1 sentence2007See State v. Lobato, 2006-NMCA-051, ¶29 , 139 N.M. 431 , 134 P.3d 122 ; Guzman, 2004-NMCA-097, ¶13 ; see also Bennett, 2003-NMCA-147, ¶16 (concluding that a defendant’s acquiescence to an extension of the rule constitutes a waiver of the rule’s requirements). | 1 | 2007–2007 |
State Ex Rel. Children, Youth & Families Department v. Ruth Anne E.
green
2 sentences2006We hold that this adjudication’s serious impact on Mother’s fundamental interest in Angelina, combined with her right to effective assistance of counsel at this stage of proceedings, warrants an extension of the rule articulated in Robert E., 1999-NMCA-035, ¶ 10 , 126 N.M. 670 , 974 P.2d 164 . 2006We hold that this adjudication’s serious impact on Mother’s fundamental interest in Angelina, combined with her right to effective assistance of counsel at this stage of proceedings, warrants an extension of the rule articulated in Robert E., 1999-NMCA-035, ¶ 10 , 126 N.M. 670 , 974 P.2d 164 . | 1 | 2006–2006 |
Territory of New Mexico v. Kennedy
green
2 sentences1954Appellant finds support for this so-called extension of the defense of insanity in criminal cases in Territory v. Kennedy, 1910, 15 N.M. 556 , 110 P. 854 ; State v. Folk, 1952, 56 N.M. 583 , 247 P.2d 165 , and in considerable of the language of the decision in State v. Moore, supra. Without discussing our reasons therefor, in our judgment the Kennedy case and the Folk case are not helpful. 1954Appellant finds support for this so-called extension of the defense of insanity in criminal cases in Territory v. Kennedy, 1910, 15 N.M. 556 , 110 P. 854 ; State v. Folk, 1952, 56 N.M. 583 , 247 P.2d 165 , and in considerable of the language of the decision in State v. Moore, supra. Without discussing our reasons therefor, in our judgment the Kennedy case and the Folk case are not helpful. | 1 | 1954–1954 |
State v. Nevares
green
2 sentences1954In State v. Roy, 40 N.M. 397 , 60 P.2d 646, 650 , 110 A.L.R. 1 , we defined the rule as follows: "The capacity of the accused to distinguish right from wrong in respect to the act charged as a crime at the time of its commission is made the test of his responsibility." *737 See, also, State v. Nevares, 36 N.M. 41 , 7 P.2d 933 , and State v. Moore, 42 N.M. 135 , 76 P.2d 19 . 1954In State v. Roy, 40 N.M. 397 , 60 P.2d 646, 650 , 110 A.L.R. 1 , we defined the rule as follows: "The capacity of the accused to distinguish right from wrong in respect to the act charged as a crime at the time of its commission is made the test of his responsibility." *737 See, also, State v. Nevares, 36 N.M. 41 , 7 P.2d 933 , and State v. Moore, 42 N.M. 135 , 76 P.2d 19 . | 1 | 1954–1954 |
State v. Moore
green
2 sentences1954In State v. Roy, 40 N.M. 397 , 60 P.2d 646, 650 , 110 A.L.R. 1 , we defined the rule as follows: "The capacity of the accused to distinguish right from wrong in respect to the act charged as a crime at the time of its commission is made the test of his responsibility." *737 See, also, State v. Nevares, 36 N.M. 41 , 7 P.2d 933 , and State v. Moore, 42 N.M. 135 , 76 P.2d 19 . 1954In State v. Roy, 40 N.M. 397 , 60 P.2d 646, 650 , 110 A.L.R. 1 , we defined the rule as follows: "The capacity of the accused to distinguish right from wrong in respect to the act charged as a crime at the time of its commission is made the test of his responsibility." *737 See, also, State v. Nevares, 36 N.M. 41 , 7 P.2d 933 , and State v. Moore, 42 N.M. 135 , 76 P.2d 19 . | 1 | 1954–1954 |
State v. Roy
green
2 sentences1954In State v. Roy, 40 N.M. 397 , 60 P.2d 646, 650 , 110 A.L.R. 1 , we defined the rule as follows: "The capacity of the accused to distinguish right from wrong in respect to the act charged as a crime at the time of its commission is made the test of his responsibility." *737 See, also, State v. Nevares, 36 N.M. 41 , 7 P.2d 933 , and State v. Moore, 42 N.M. 135 , 76 P.2d 19 . 1954In State v. Roy, 40 N.M. 397 , 60 P.2d 646, 650 , 110 A.L.R. 1 , we defined the rule as follows: "The capacity of the accused to distinguish right from wrong in respect to the act charged as a crime at the time of its commission is made the test of his responsibility." *737 See, also, State v. Nevares, 36 N.M. 41 , 7 P.2d 933 , and State v. Moore, 42 N.M. 135 , 76 P.2d 19 . | 1 | 1954–1954 |
State v. Folk
green
2 sentences1954Appellant finds support for this so-called extension of the defense of insanity in criminal cases in Territory v. Kennedy, 1910, 15 N.M. 556 , 110 P. 854 ; State v. Folk, 1952, 56 N.M. 583 , 247 P.2d 165 , and in considerable of the language of the decision in State v. Moore, supra. Without discussing our reasons therefor, in our judgment the Kennedy case and the Folk case are not helpful. 1954Appellant finds support for this so-called extension of the defense of insanity in criminal cases in Territory v. Kennedy, 1910, 15 N.M. 556 , 110 P. 854 ; State v. Folk, 1952, 56 N.M. 583 , 247 P.2d 165 , and in considerable of the language of the decision in State v. Moore, supra. Without discussing our reasons therefor, in our judgment the Kennedy case and the Folk case are not helpful. | 1 | 1954–1954 |
Doyle v. Chatham & Phenix National Bank
green
2 sentences1946Bank, 253 N.Y. 369 , 171 N.E. 574 , [ 71 A.L.R. 1405 .] * * * “From the foregoing analysis the conclusion is, we think, inevitable that nothing in our previous decisions commits us to a. holding of liability for negligence in the circumstances of the case at hand, and that such liability, if recognized, will be an extension of the principle of those decisions to different conditions, even if more or less analogous. 1946Bank, 253 N.Y. 369 , 171 N.E. 574 , [ 71 A.L.R. 1405 .] * * * “From the foregoing analysis the conclusion is, we think, inevitable that nothing in our previous decisions commits us to a. holding of liability for negligence in the circumstances of the case at hand, and that such liability, if recognized, will be an extension of the principle of those decisions to different conditions, even if more or less analogous. | 1 | 1946–1946 |
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.