8 New Mexico opinions name it 2 courts 1938–2020 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.
| Case | Followed | Cited |
|---|---|---|
Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinezgreen2 sentences2013See Christian Legal Soc’y, _U.S. at_n.24,_n.27, 130 S. Ct. at 2993 n.24, 2995 n.27 (applying Smith standard). 2013See Christian Legal Soc’y, ___ U.S. at ___ n.24, ___ n.27, 130 S. Ct. at 2993 n.24, 2995 n.27 (applying Smith standard). 21 1. | 2 | 2 |
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeahgreen2 sentences2013The NMHRA is a neutral law of general applicability {61} The United States Supreme Court elaborated on the rule concerning “law that is neutral and of general applicability” in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 531, 546 (1993). 2013The NMHRA is a neutral law of general applicability {61} The United States Supreme Court elaborated on the rule concerning “law that is neutral and of general applicability” in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 531, 546 (1993). | 2 | 2 |
Smith v. City of Santa Fegreen2 sentences2008See Smith, 2007-NMSC-055, ¶¶ 28-29 , 142 N.M. 786 , 171 P.3d 300 . 2008See Smith, 2007-NMSC-055, ¶¶ 28-29 , 142 N.M. 786 , 171 P.3d 300 . | 1 | 1 |
Smith v. FDC Corp.green2 sentences1992See Smith, 109 N.M. at 518 , 787 P.2d at 437 . 1992See Smith, 109 N.M. at 518 , 787 P.2d at 437 . | 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 |
|---|---|---|
Michelson v. Michelson
green
2 sentences2020But this contention is undermined by the court’s explicit statement to the contrary in the final order: “Taking into account the factors that should be considered . . . when determining whether to order spousal support, as set forth in [] Section 40-4-7(E) and Michelson v. Michelson, 1974-NMSC-022 , ¶ 8, 86 N.M. 107 , 520 P.2d 263 , [Madden] has not demonstrated a need for spousal support.” In light of our presumption in favor of the district court’s ruling and this statement by the court, Madden has not clearly demonstrated that this denial was error. {32} We turn next to the order granting S 2020But this contention is undermined by the court’s explicit statement to the contrary in the final order: “Taking into account the factors that should be considered . . . when determining whether to order spousal support, as set forth in [] Section 40-4-7(E) and Michelson v. Michelson, 1974-NMSC-022 , ¶ 8, 86 N.M. 107 , 520 P.2d 263 , [Madden] has not demonstrated a need for spousal support.” In light of our presumption in favor of the district court’s ruling and this statement by the court, Madden has not clearly demonstrated that this denial was error. {32} We turn next to the order granting S | 1 | 2020–2020 |
Town of Wolfeboro v. Smith
green
2 sentences2006Accordingly, the Board’s findings that Romero had not established the requisite objective intent to expand beyond the 5-acre area was irrational and improper. {31} Now, we must determine whether the third prong of the Smith analysis is satisfied and determine whether the mining will have “a substantially different and adverse impact on the neighborhood.” 556 A.2d at 759 . 2006Accordingly, the Board’s findings that Romero had not established the requisite objective intent to expand beyond the 5-acre area was irrational and improper. {31} Now, we must determine whether the third prong of the Smith analysis is satisfied and determine whether the mining will have “a substantially different and adverse impact on the neighborhood.” 556 A.2d at 759 . | 1 | 2006–2006 |
Corlett v. Smith
green
2 sentences1988After oral argument, this court issued a formal opinion remanding the case for a determination of whether “specific insurance protection exists so as to bring the wrongful death claim of husband’s estate within the statutory exception contained in [NMSA 1978,] Section 45-3-803(C)(2).” See Corlett v. Smith, 106 N.M. at 211 , 740 P.2d at 1195 . 1988After oral argument, this court issued a formal opinion remanding the case for a determination of whether “specific insurance protection exists so as to bring the wrongful death claim of husband’s estate within the statutory exception contained in [NMSA 1978,] Section 45-3-803(C)(2).” See Corlett v. Smith, 106 N.M. at 211 , 740 P.2d at 1195 . | 1 | 1988–1988 |
State v. McDaniels
neutral
2 sentences1938State v. McDaniels, 27 N.M. 59 , 196 P. 177 ; Ballard v. Commonwealth, 156 Va. 980 , 159 S.E. 222 . 1938State v. McDaniels, 27 N.M. 59 , 196 P. 177 ; Ballard v. Commonwealth, 156 Va. 980 , 159 S.E. 222 . | 1 | 1938–1938 |
Ballard v. Commonwealth
green
2 sentences1938State v. McDaniels, 27 N.M. 59 , 196 P. 177 ; Ballard v. Commonwealth, 156 Va. 980 , 159 S.E. 222 . 1938State v. McDaniels, 27 N.M. 59 , 196 P. 177 ; Ballard v. Commonwealth, 156 Va. 980 , 159 S.E. 222 . | 1 | 1938–1938 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.