8 New Mexico opinions name it 2 courts 1973–2022 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 |
|---|---|---|
State v. Vegagreen2 sentences2006To determine if prejudice occurred in Vega, we examined the surrounding circumstances, focusing on two factors, each of which would suggest a distinct ground for finding prejudice: (1) error could be based “upon a concept of prosecutorial misconduct, when the Government makes a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege”; and (2) error could “rest upon the conclusion that, in the circumstances of a given case, inferences from a witness’ refusal to answer added critical weight to the prosecution’s case in a form not subject t 2006To determine if prejudice occurred in Vega, we examined the surrounding circumstances, focusing on two factors, each of which would suggest a distinct ground for finding prejudice: (1) error could be based “upon a concept of prosecutorial misconduct, when the Government makes a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege”; and (2) error could “rest upon the conclusion that, in the circumstances of a given case, inferences from a witness’ refusal to answer added critical weight to the prosecution’s case in a form not subject t | 1 | 2 |
Ammerman v. Hubbard Broadcasting, Inc.green2 sentences2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. 2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. | 1 | 2 |
Michigan v. Bryantgreen2 sentences2022Contrary to the dissent’s suggestion, dissent ¶ 155, consideration of such testimony from the participants does not render the inquiry subjective, as we discuss further below. 5Regarding the importance of emergency to the testimonial inquiry, we note that elsewhere Bryant equated “[t]he existence of an emergency” with “parties’ perception that an emergency is ongoing.” 562 U.S. at 370 (emphasis added). 2022Id. at 361 n.8 (emphasis added) (internal quotation marks omitted). discussion of the Michigan Supreme Court’s misunderstanding . . . should not be taken to imply that the existence vel non of an ongoing emergency is dispositive of the testimonial inquiry. | 1 | 1 |
Albuquerque Rape Crisis Center v. Blackmergreen2 sentences2012See Albuquerque Rape Crisis Ctr., 2005-NMSC-032, ¶ 24 (Bosson, C.J., dissenting) (“[I]t has been settled law that this Court, and only this Court, may create a testimonial privilege. 2012See Albuquerque Rape Crisis Ctr., 2005-NMSC-032, ¶ 24 (Bosson, C.L, dissenting) (“[Ijthas been settled law that this Court, and only this Court, may create a testimonial privilege. | 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 |
|---|---|---|
State v. Paiz
green
2 sentences2022See Rule 11-614(B) NMRA; State v. 12 Paiz, 1999-NMCA-104, ¶ 17 , 127 N.M. 776 , 987 P.2d 1163 . 2022See Rule 11-614(B) NMRA; State v. 12 Paiz, 1999-NMCA-104, ¶ 17 , 127 N.M. 776 , 987 P.2d 1163 . | 2 | 2022–2022 |
Dondich v. United States
green
2 sentences2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. 2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. | 2 | 1988–2005 |
Owendale-Gagetown School District v. State Board of Education
green
2 sentences2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. 2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. | 2 | 1988–2005 |
Namet v. United States
green
2 sentences2006To determine if prejudice occurred in Vega, we examined the surrounding circumstances, focusing on two factors, each of which would suggest a distinct ground for finding prejudice: (1) error could be based “upon a concept of prosecutorial misconduct, when the Government makes a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege”; and (2) error could “rest upon the conclusion that, in the circumstances of a given case, inferences from a witness’ refusal to answer added critical weight to the prosecution’s case in a form not subject t 2006To determine if prejudice occurred in Vega, we examined the surrounding circumstances, focusing on two factors, each of which would suggest a distinct ground for finding prejudice: (1) error could be based “upon a concept of prosecutorial misconduct, when the Government makes a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege”; and (2) error could “rest upon the conclusion that, in the circumstances of a given case, inferences from a witness’ refusal to answer added critical weight to the prosecution’s case in a form not subject t | 1 | 2006–2006 |
State v. Worley
green
2 sentences2006Id. at 725 , 676 P.2d at 252 . {28} This case does not reflect a conscious case of prosecutorial misconduct in which the prosecutor attempted to build his case out of inferences arising from the use of Marshall’s testimonial privilege. 2006Id. at 725 , 676 P.2d at 252 . {28} This case does not reflect a conscious case of prosecutorial misconduct in which the prosecutor attempted to build his case out of inferences arising from the use of Marshall’s testimonial privilege. | 1 | 2006–2006 |
State Ex Rel. Anaya v. McBride
green
2 sentences2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. 2005Anaya v. McBride, 88 N.M. 244 , 539 P.2d 1006 (1975), and Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), it has been settled law that this Court, and only this Court, may create a testimonial privilege. | 1 | 2005–2005 |
Ammerman v. Hubbard Broadcasting, Inc.
green
2 sentences1988In Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), appeal on other grounds after remand, 91 N.M. 250 , 572 P.2d 1258 (Ct. App.), cert. denied, 91 N.M. 249 , 572 P.2d 1257 (1977), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), this Court held legislation creating a testimonial privilege in a judicial proceeding unconstitutional. 1988In Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307 , 551 P.2d 1354 (1976), appeal on other grounds after remand, 91 N.M. 250 , 572 P.2d 1258 (Ct. App.), cert. denied, 91 N.M. 249 , 572 P.2d 1257 (1977), cert. denied, 436 U.S. 906 , 98 S.Ct. 2237 , 56 L.Ed.2d 404 (1978), this Court held legislation creating a testimonial privilege in a judicial proceeding unconstitutional. | 1 | 1988–1988 |
United States v. Robert William Maloney, Robert Murphy and Paul Merrick
green
2 sentences1973This seems to have been one of the principal reasons underlying the finding of reversible error in United States v. Maloney, supra. [ 262 F.2d 535 (2d Cir., 1959)]. 1973This seems to have been one of the principal reasons underlying the finding of reversible error in United States v. Maloney, supra. [ 262 F.2d 535 (2d Cir., 1959)]. | 1 | 1973–1973 |
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.