impaired defense (New Mexico) · Go Syfert
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impaired defense in New Mexico

8 New Mexico opinions name it 2 courts 1990–2023 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.

Followed or applied (4)

CaseFollowedCited
State v. Garzagreen
nm · 2009 · cited in 3 New Mexico opinions naming this issue, 2016–2020
2 sentences

2020To establish this type of prejudice, Defendant must show “with particularity what exculpatory testimony would have been offered and . . . that the delay caused the witness’s unavailability.” Garza, 2009-NMSC-038, ¶ 36 (internal quotation marks and citation omitted).

2018Garza, 2009-NMSC-038, ¶ 36 (internal quotation marks and 16 citation omitted).

23
State v. Taylorgreen
nmctapp · 2014 · cited in 1 New Mexico opinions naming this issue, 2022–2022
1 sentence

2022See Taylor, 2015-NMCA-012, ¶ 21 (noting that “a defendant must substantiate” allegations of an impaired defense (internal quotation marks and citation omitted)); State v. Gallegos, 2010-NMCA-032, ¶ 25 , 148 N.M. 182 , 231 P.3d 1124 (recognizing that pending criminal charges “occasions great turmoil in a defendant’s life” including changes to “relationships with family and community” but noting that this form “of personal prejudice . . . has not heretofore been accorded great weight by our courts”).

11
State v. Urbangreen
nm · 2004 · cited in 1 New Mexico opinions naming this issue, 2010–2010
1 sentence

2010See id.

11
United States v. Jose Jenkinsgreen
ca10 · 1983 · cited in 1 New Mexico opinions naming this issue, 1990–1990
2 sentences

1990See United States v. Jenkins, 701 F.2d 850 (10th Cir.1983); State v. Grissom, 106 N.M. 555 , 746 P.2d 661 (Ct.App. 1987).

1990See United States v. Jenkins, 701 F.2d 850 (10th Cir.1983); State v. Grissom, 106 N.M. 555 , 746 P.2d 661 (Ct.App.1987).

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. Grissom green
nmctapp · 1987
2 sentences

2023However, “[u]nspecified allegations of an impaired defense are unpersuasive.” State v. Grissom, 1987-NMCA-123 , ¶ 48, 106 N.M. 555 , 746 P.2d 661 , overruled on other grounds by Salandre v. State, 1991-NMSC-016 , 111 N.M. 422 , 806 P.2d 562 .

2023However, “[u]nspecified allegations of an impaired defense are unpersuasive.” State v. Grissom, 1987-NMCA-123 , ¶ 48, 106 N.M. 555 , 746 P.2d 661 , overruled on other grounds by Salandre v. State, 1991-NMSC-016 , 111 N.M. 422 , 806 P.2d 562 .

21990–2023
Salandre v. State green
nm · 1991
2 sentences

2023However, “[u]nspecified allegations of an impaired defense are unpersuasive.” State v. Grissom, 1987-NMCA-123 , ¶ 48, 106 N.M. 555 , 746 P.2d 661 , overruled on other grounds by Salandre v. State, 1991-NMSC-016 , 111 N.M. 422 , 806 P.2d 562 .

2023However, “[u]nspecified allegations of an impaired defense are unpersuasive.” State v. Grissom, 1987-NMCA-123 , ¶ 48, 106 N.M. 555 , 746 P.2d 661 , overruled on other grounds by Salandre v. State, 1991-NMSC-016 , 111 N.M. 422 , 806 P.2d 562 .

12023–2023
State v. Gallegos green
nmctapp · 2010
2 sentences

2022See Taylor, 2015-NMCA-012, ¶ 21 (noting that “a defendant must substantiate” allegations of an impaired defense (internal quotation marks and citation omitted)); State v. Gallegos, 2010-NMCA-032, ¶ 25 , 148 N.M. 182 , 231 P.3d 1124 (recognizing that pending criminal charges “occasions great turmoil in a defendant’s life” including changes to “relationships with family and community” but noting that this form “of personal prejudice . . . has not heretofore been accorded great weight by our courts”).

2022See Taylor, 2015-NMCA-012, ¶ 21 (noting that “a defendant must substantiate” allegations of an impaired defense (internal quotation marks and citation omitted)); State v. Gallegos, 2010-NMCA-032, ¶ 25 , 148 N.M. 182 , 231 P.3d 1124 (recognizing that pending criminal charges “occasions great turmoil in a defendant’s life” including changes to “relationships with family and community” but noting that this form “of personal prejudice . . . has not heretofore been accorded great weight by our courts”).

12022–2022
State v. Serros green
nm · 2015
1 sentence

2019Serros, 2016-NMSC-008, ¶ 84 .

12019–2019

Where else courts name it

ND 13 (1995–2019) KY 10 (2009–2025) NM 8 (1990–2023) GA 7 (2006–2020) NH 5 (2008–2022) TX 3 (2002–2024) MD 2 (1983–2014) DE 2 (1979–1989)

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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