denial of a jury instruction (New Mexico) · Go Syfert
← New Mexico issues

denial of a jury instruction in New Mexico

7 New Mexico opinions name it 2 courts 2006–2023 1 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 (2)

CaseFollowedCited
State v. Badonigreen
nmctapp · 2002 · cited in 3 New Mexico opinions naming this issue, 2013–2013
2 sentences

2013Compare State v. Badoni, 2003-NMCA-009, ¶ 7 , 133 N.M. 257 , 62 P.3d 348 (holding that a defendant had failed to preserve an argument that a jury instruction should have been given where the defendant “neither. tendered a written instruction nor orally dictated one” and the record did not show, that the defendant “informed the trial judge of the specific language he wanted in a modified instruction”). {48} On the merits, the denial of a jury instruction presents a mixed question of law and fact, which we review de novo.

2013Compare State v. Badoni, 2003-NMCA-009, ¶ 7 , 133 N.M. 257 , 62 P.3d 348 (holding that a defendant had failed to preserve an argument that a jury instruction should have been given where the defendant “neither. tendered a written instruction nor orally dictated one” and the record did not show, that the defendant “informed the trial judge of the specific language he wanted in a modified instruction”). {48} On the merits, the denial of a jury instruction presents a mixed question of law and fact, which we review de novo.

33
State v. Rowellgreen
nm · 1995 · cited in 2 New Mexico opinions naming this issue, 2006–2006
2 sentences

2006State v. Marshall, 2004-NMCA-104 , 136 N.M. 240, ¶ 6 , 96 P.3d 801 ; see State v. Rowell 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995) (stating that “interpretation of a statute is an issue of law” subject to de novo review).

2006State v. Marshall, 2004-NMCA-104 , 136 N.M. 240, ¶ 6 , 96 P.3d 801 ; see State v. Rowell 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995) (stating that “interpretation of a statute is an issue of law” subject to de novo review).

22

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 (3)

CaseCitedYears
State v. Gaitan green
nm · 2002
2 sentences

2013State v. Gaitan, 2002-NMSC-007, ¶ 10 , 131 N.M. 758 , 42 P.3d 1207 .

2013State v. Gaitan, 2002-NMSC-007, ¶ 10 , 131 N.M. 758 , 42 P.3d 1207 .

32013–2013
State v. Swick green
nm · 2012
2 sentences

2023State v. Swick, 2012-NMSC-018, ¶ 60 , 279 P.3d 747 .

2016State v. Swick, 2012-NMSC-018, ¶ 60 , 279 P.3d 747 .

22016–2023
State v. Marshall green
nmctapp · 2004
2 sentences

2006State v. Marshall, 2004-NMCA-104 , 136 N.M. 240, ¶ 6 , 96 P.3d 801 ; see State v. Rowell 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995) (stating that “interpretation of a statute is an issue of law” subject to de novo review).

2006State v. Marshall, 2004-NMCA-104 , 136 N.M. 240, ¶ 6 , 96 P.3d 801 ; see State v. Rowell 121 N.M. 111, 114 , 908 P.2d 1379, 1382 (1995) (stating that “interpretation of a statute is an issue of law” subject to de novo review).

22006–2006

Statutes the citing opinions construe

NM § N.M. Stat. § 30-6-1 (4)

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.

Where else courts name it

MS 32 (2002–2021) TX 9 (1991–2015) PA 7 (2018–2023) NM 7 (2006–2023) AZ 4 (2014–2024) OH 3 (2000–2006) FL 3 (1986–2024) VA 3 (1996–2025) AL 3 (2004–2024) CA 2 (2016–2020)

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.

← Caselaw search · G Cite Topics · Brief Check