give instruction in New Mexico

8 New Mexico opinions name it 2 courts 1938–1998 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.

Followed or applied (3)

Case	Followed	Cited
State v. Boeglingreen nm · 1987 · cited in 1 New Mexico opinions naming this issue, 1988–1988 2 sentences 1988See State v. Boeglin, 105 N.M. 247 , 731 P.2d 943 (1987) (defendant knowingly, intelligently, and voluntarily waived his right to have the jury instructed on a lesser included offense where he requested the court not give the instruction); State v. Padilla, 104 N.M. 446 , 722 P.2d 697 (Ct.App.1986) (defendant’s conviction of voluntary manslaughter, under instruction of voluntary manslaughter as a lesser included offense of murder, which instruction was given at defendant’s request, did not amount to fundamental error even though the evidence did not support such an instruction); State v. Ross 1988See State v. Boeglin, 105 N.M. 247 , 731 P.2d 943 (1987) (defendant knowingly, intelligently, and voluntarily waived his right to have the jury instructed on a lesser included offense where he requested the court not give the instruction); State v. Padilla, 104 N.M. 446 , 722 P.2d 697 (Ct.App.1986) (defendant’s conviction of voluntary manslaughter, under instruction of voluntary manslaughter as a lesser included offense of murder, which instruction was given at defendant’s request, did not amount to fundamental error even though the evidence did not support such an instruction); State v. Ross	1	1
Scott v. Browngreen nm · 1966 · cited in 1 New Mexico opinions naming this issue, 1971–1971 2 sentences 1971See Scott v. Brown, 76 N.M. 501 , 416 P.2d 516 (1966). 1971See Scott v. Brown, 76 N.M. 501 , 416 P.2d 516 (1966).	1	1
State v. Smithgreen nm · 1927 · cited in 1 New Mexico opinions naming this issue, 1938–1938 2 sentences 1938See State v. Smith, 32 N.M. 191 , 252 P. 1003 . 1938See State v. Smith, 32 N.M. 191 , 252 P. 1003 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
State v. Trujillo green nm · 1921 2 sentences 1998State v. Trujillo, 27 N.M. 594 , 203 P. 846 (1921). 1998State v. Trujillo, 27 N.M. 594 , 203 P. 846 (1921).	1	1998–1998
Griffin v. United States green scotus · 1991 2 sentences 1995“Indeed, if the evidence is insufficient to support an alternative legal theory of liability, it would generally be preferable for the court to give an instruction removing that theory from the jury’s consideration.” Griffin, 502 U.S. at 60 , 112 S.Ct. at 474 . 1995“Indeed, if the evidence is insufficient to support an alternative legal theory of liability, it would generally be preferable for the court to give an instruction removing that theory from the jury’s consideration.” Griffin, 502 U.S. at 60 , 112 S.Ct. at 474 .	1	1995–1995
State v. Padilla green nmctapp · 1986 2 sentences 1988See State v. Boeglin, 105 N.M. 247 , 731 P.2d 943 (1987) (defendant knowingly, intelligently, and voluntarily waived his right to have the jury instructed on a lesser included offense where he requested the court not give the instruction); State v. Padilla, 104 N.M. 446 , 722 P.2d 697 (Ct.App.1986) (defendant’s conviction of voluntary manslaughter, under instruction of voluntary manslaughter as a lesser included offense of murder, which instruction was given at defendant’s request, did not amount to fundamental error even though the evidence did not support such an instruction); State v. Ross 1988See State v. Boeglin, 105 N.M. 247 , 731 P.2d 943 (1987) (defendant knowingly, intelligently, and voluntarily waived his right to have the jury instructed on a lesser included offense where he requested the court not give the instruction); State v. Padilla, 104 N.M. 446 , 722 P.2d 697 (Ct.App.1986) (defendant’s conviction of voluntary manslaughter, under instruction of voluntary manslaughter as a lesser included offense of murder, which instruction was given at defendant’s request, did not amount to fundamental error even though the evidence did not support such an instruction); State v. Ross	1	1988–1988
State v. Doe green nm · 1983 2 sentences 1987State v. Doe, 100 N.M. 481 , 672 P.2d 654 (1983). 1987State v. Doe, 100 N.M. 481 , 672 P.2d 654 (1983).	1	1987–1987
Cunningham v. Springer green · 1907 2 sentences 1951Schultz v. Young, 37 N.M. 427 , 24 P.2d 276 ; Cunningham v. Springer, 13 N.M. 259 , 82 P. 232 ; Id., 204 U.S. 647 , 27 S.Ct. 301 , 51 L.Ed. 662 . 1951Schultz v. Young, 37 N.M. 427 , 24 P.2d 276 ; Cunningham v. Springer, 13 N.M. 259 , 82 P. 232 ; Id., 204 U.S. 647 , 27 S.Ct. 301 , 51 L.Ed. 662 .	1	1951–1951
Cunningham v. Springer green nm · 1905 2 sentences 1951Schultz v. Young, 37 N.M. 427 , 24 P.2d 276 ; Cunningham v. Springer, 13 N.M. 259 , 82 P. 232 ; Id., 204 U.S. 647 , 27 S.Ct. 301 , 51 L.Ed. 662 . 1951Schultz v. Young, 37 N.M. 427 , 24 P.2d 276 ; Cunningham v. Springer, 13 N.M. 259 , 82 P. 232 ; Id., 204 U.S. 647 , 27 S.Ct. 301 , 51 L.Ed. 662 .	1	1951–1951
Schultz v. Young green nm · 1933 2 sentences 1951Schultz v. Young, 37 N.M. 427 , 24 P.2d 276 ; Cunningham v. Springer, 13 N.M. 259 , 82 P. 232 ; Id., 204 U.S. 647 , 27 S.Ct. 301 , 51 L.Ed. 662 . 1951Schultz v. Young, 37 N.M. 427 , 24 P.2d 276 ; Cunningham v. Springer, 13 N.M. 259 , 82 P. 232 ; Id., 204 U.S. 647 , 27 S.Ct. 301 , 51 L.Ed. 662 .	1	1951–1951
O'Neal v. Geo. E. Breece Lumber Co. neutral nm · 1933 1 sentence 1951Breece Lumber Co., supra [ 38 N.M. 94 , 28 P.2d 524 ], we said: “* * * But as.we have seen, it is improper for the court to give an instruction announcing a naked legal proposition, however correct it may be, unless it bears upon, and is connected with, the issues in-' volved; and unless, further, there has been received some competent evidence to which the jury may apply it.	1	1951–1951
Territory of New Mexico v. Pino green nm · 1899 1 sentence 1938“The refusal of the court to give an instruction properly requested by defendant which is a correct statement of the law applicable to the facts in the case, and consistent with a reasonable theory other than that of defendant’s guilt, and not covered by any other instruction which was given by the court is reversible error.” Territory v. Pino, 9 N.M. 598 , 58 P. 393 .	1	1938–1938

Where else courts name it

CA 86 (1892–2026) MO 55 (1886–2017) IL 35 (1873–2023) KS 24 (1882–2022) WA 24 (1900–2023) IN 24 (1856–2005) OK 24 (1894–1997) KY 23 (1914–1987) NC 22 (1887–2014) NE 20 (1893–2019) AR 20 (1906–1983) TX 18 (1899–2019) FL 17 (1898–1999) MI 16 (1924–2018) NY 16 (1904–2024) NJ 15 (1975–2022) GA 11 (1893–2022) OR 11 (1874–2026) CO 11 (1909–2021) IA 11 (1877–2016) MS 11 (1913–2014) VA 10 (1901–2012) OH 10 (1936–2017) WY 9 (1937–2016) AZ 9 (1956–2021) PA 8 (1947–2015) NM 8 (1938–1998) ID 8 (1911–2020) WV 8 (1896–2015) WI 7 (1883–1995) CT 7 (2007–2021) MT 6 (1900–1923) ME 6 (1995–2023) TN 5 (1960–2017) UT 5 (1905–2026) MD 5 (1946–2016) AL 5 (1963–1994) SD 4 (1894–1985) HI 4 (1918–2024) MN 4 (1921–2015) DC 3 (1988–1999) SC 2 (1907–1992)

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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