7 New Mexico opinions name it 2 courts 1991–2025 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 |
|---|---|---|
Santa Fe Pacific Gold Corp. v. United Nuclear Corp.green2 sentences2018Gold Corp. , 2007-NMCA-133 , ¶¶ 19, 25, 143 N.M. 215 , 175 P.3d 309 (setting up a three-part burden-shifting analysis in a case where the doctrine was raised as a defense to waiver based on undisputed disclosure of a purportedly privileged document to a third party). 2018Gold Corp. , 2007-NMCA-133 , ¶¶ 19, 25, 143 N.M. 215 , 175 P.3d 309 (setting up a three-part burden-shifting analysis in a case where the doctrine was raised as a defense to waiver based on undisputed disclosure of a purportedly privileged document to a third party). | 1 | 2 |
Smith v. FDC Corp.green2 sentences2025See § 28-1-7(A) (prohibiting discrimination based on age or sex); see also Smith v. FDC Corp., 1990-NMSC-020 , ¶¶ 9, 11, 109 N.M. 514 , 787 P.2d 433 (approving the application of the burden shifting framework set forth in McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973)); Cates v. Regents of N.M. 2025See § 28-1-7(A) (prohibiting discrimination based on age or sex); see also Smith v. FDC Corp., 1990-NMSC-020 , ¶¶ 9, 11, 109 N.M. 514 , 787 P.2d 433 (approving the application of the burden shifting framework set forth in McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973)); Cates v. Regents of N.M. | 1 | 1 |
McDonnell Douglas Corp. v. Greengreen1 sentence2025See § 28-1-7(A) (prohibiting discrimination based on age or sex); see also Smith v. FDC Corp., 1990-NMSC-020 , ¶¶ 9, 11, 109 N.M. 514 , 787 P.2d 433 (approving the application of the burden shifting framework set forth in McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973)); Cates v. Regents of N.M. | 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 |
|---|---|---|
Cates v. Regents of the New Mexico Institute of Mining & Technology
green
1 sentence2025Inst. of Min. & Tech., 1998-NMSC-002, ¶¶ 15-16 , 124 N.M. 633 , 954 P.2d 65 (describing the three-part framework). | 1 | 2025–2025 |
Cates v. REGENTS NMIM & T
green
2 sentences2025Inst. of Min. & Tech., 1998-NMSC-002, ¶¶ 15-16 , 124 N.M. 633 , 954 P.2d 65 (describing the three-part framework). 2025Inst. of Min. & Tech., 1998-NMSC-002, ¶¶ 15-16 , 124 N.M. 633 , 954 P.2d 65 (describing the three-part framework). | 1 | 2025–2025 |
Romero v. Philip Morris Inc.
green
1 sentence2023“Once this prima facie showing has been made, the burden shifts to the non[]movant to demonstrate the existence of specific evidentiary facts which would require trial on the merits.” Id. (internal quotation marks and citation omitted). {13} We note that the district court’s order does not consistently follow either the Rule 1-012(B)(6) standard—because it makes findings of fact—or the summary judgment standard—because it does not apply the burden shifting framework. | 1 | 2023–2023 |
Kersey v. Hatch
green
2 sentences2020State v. Ortega, 1991-NMSC-084 , ¶ 25, 112 N.M. 554 , 817 P.2d 1196 , abrogated on other grounds by Kersey v. Hatch, 2010-NMSC-020, ¶¶ 17-18 , 148 N.M. 381 , 237 P.3d 683 “[E]ven where the felony is a first degree felony or an inherently dangerous one of a lesser degree,” the Ortega Court questioned whether imputing mens rea based on “any presumption—either a conclusive presumption or a burden-shifting presumption—is constitutional, where the effect of the presumption is to establish, or place on the defendant the burden of disproving, that he or she had the requisite mens rea to commit first 2020State v. Ortega, 1991-NMSC-084 , ¶ 25, 112 N.M. 554 , 817 P.2d 1196 , abrogated on other grounds by Kersey v. Hatch, 2010-NMSC-020, ¶¶ 17-18 , 148 N.M. 381 , 237 P.3d 683 “[E]ven where the felony is a first degree felony or an inherently dangerous one of a lesser degree,” the Ortega Court questioned whether imputing mens rea based on “any presumption—either a conclusive presumption or a burden-shifting presumption—is constitutional, where the effect of the presumption is to establish, or place on the defendant the burden of disproving, that he or she had the requisite mens rea to commit first | 1 | 2020–2020 |
State v. Ortega
green
2 sentences2020State v. Ortega, 1991-NMSC-084 , ¶ 25, 112 N.M. 554 , 817 P.2d 1196 , abrogated on other grounds by Kersey v. Hatch, 2010-NMSC-020, ¶¶ 17-18 , 148 N.M. 381 , 237 P.3d 683 “[E]ven where the felony is a first degree felony or an inherently dangerous one of a lesser degree,” the Ortega Court questioned whether imputing mens rea based on “any presumption—either a conclusive presumption or a burden-shifting presumption—is constitutional, where the effect of the presumption is to establish, or place on the defendant the burden of disproving, that he or she had the requisite mens rea to commit first 2020State v. Ortega, 1991-NMSC-084 , ¶ 25, 112 N.M. 554 , 817 P.2d 1196 , abrogated on other grounds by Kersey v. Hatch, 2010-NMSC-020, ¶¶ 17-18 , 148 N.M. 381 , 237 P.3d 683 “[E]ven where the felony is a first degree felony or an inherently dangerous one of a lesser degree,” the Ortega Court questioned whether imputing mens rea based on “any presumption—either a conclusive presumption or a burden-shifting presumption—is constitutional, where the effect of the presumption is to establish, or place on the defendant the burden of disproving, that he or she had the requisite mens rea to commit first | 1 | 2020–2020 |
State ex rel. Children, Youth & Families Department v. Erika M.
green
1 sentence2019We have repeatedly acknowledged that “even when the facts are undisputed, if conflicting inferences can be drawn, summary judgment is improper.” In re Michael R.C., 1999-NMCA-036, ¶ 13 , 126 N.M. 760 , 975 P.2d 373 . | 1 | 2019–2019 |
In Re Michael RC
green
2 sentences2019We have repeatedly acknowledged that “even when the facts are undisputed, if conflicting inferences can be drawn, summary judgment is improper.” In re Michael R.C., 1999-NMCA-036, ¶ 13 , 126 N.M. 760 , 975 P.2d 373 . 2019We have repeatedly acknowledged that “even when the facts are undisputed, if conflicting inferences can be drawn, summary judgment is improper.” In re Michael R.C., 1999-NMCA-036, ¶ 13 , 126 N.M. 760 , 975 P.2d 373 . | 1 | 2019–2019 |
State v. Pierce
green
2 sentences1991It may be argued, in reliance on State v. Price and a recent decision of this Court, State v. Pierce, 109 N.M. 596 , 788 P.2d 352 (1990), that felony murder is a strict-liability crime for which mens rea is not required. 1991It may be argued, in reliance on State v. Price and a recent decision of this Court, State v. Pierce, 109 N.M. 596 , 788 P.2d 352 (1990), that felony murder is a strict-liability crime for which mens rea is not required. | 1 | 1991–1991 |
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.