does not end inquiry (New Mexico) · Go Syfert
← New Mexico issues

does not end inquiry in New Mexico

7 New Mexico opinions name it 2 courts 2008–2023 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 (4)

CaseFollowedCited
State v. Cohengreen
nm · 1985 · cited in 2 New Mexico opinions naming this issue, 2011–2011
2 sentences

2011See Chapman, 1999-NMCA-106, ¶ 20 , 127 N.M. 721 , 986 P.2d 1122 (holding that "[s]ubstantial evidence exist[ed] of clear and positive testimony that the consent was specific and unequivocal" based on the uncontradicted, unimpeached testimony of the deputy); see also State v. Cohen, 103 N.M. 558, 563 , 711 P.2d 3, 8 (1985) (holding that consent was specific and unequivocal on the basis of a written consent form). {15} This does not end the inquiry, however.

2011See Chapman, 1999-NMCA-106, ¶ 20 , 127 N.M. 721 , 986 P.2d 1122 (holding that "[s]ubstantial evidence exist[ed] of clear and positive testimony that the consent was specific and unequivocal" based on the uncontradicted, unimpeached testimony of the deputy); see also State v. Cohen, 103 N.M. 558, 563 , 711 P.2d 3, 8 (1985) (holding that consent was specific and unequivocal on the basis of a written consent form). {15} This does not end the inquiry, however.

22
State v. Chapmangreen
nmctapp · 1999 · cited in 2 New Mexico opinions naming this issue, 2011–2011
2 sentences

2011See Chapman, 1999-NMCA-106, ¶ 20 , 127 N.M. 721 , 986 P.2d 1122 (holding that "[s]ubstantial evidence exist[ed] of clear and positive testimony that the consent was specific and unequivocal" based on the uncontradicted, unimpeached testimony of the deputy); see also State v. Cohen, 103 N.M. 558, 563 , 711 P.2d 3, 8 (1985) (holding that consent was specific and unequivocal on the basis of a written consent form). {15} This does not end the inquiry, however.

2011See Chapman, 1999-NMCA-106, ¶ 20 , 127 N.M. 721 , 986 P.2d 1122 (holding that "[s]ubstantial evidence exist[ed] of clear and positive testimony that the consent was specific and unequivocal" based on the uncontradicted, unimpeached testimony of the deputy); see also State v. Cohen, 103 N.M. 558, 563 , 711 P.2d 3, 8 (1985) (holding that consent was specific and unequivocal on the basis of a written consent form). {15} This does not end the inquiry, however.

22
Ruegsegger v. Board of Regents of Western New Mexico Universitygreen
nmctapp · 2006 · cited in 1 New Mexico opinions naming this issue, 2023–2023
1 sentence

2023See Dunn, 1999-NMCA- 084, ¶¶ 6, 16-17 (determining that the plaintiff’s submission of nearly 400 pages of attachments in his response to the defendants’ motion to dismiss did not convert the motion into one for summary judgment); see also Ruegsegger, 2007-NMCA-030 , ¶¶ 42- 43 (determining that the plaintiff’s attachment of an affidavit to her response to the defendants’ motion to dismiss, and her “conclusory request” for summary judgment, did not convert the motion to dismiss into one for summary judgment); Henning v. Rounds, 2007-NMCA-139, ¶¶ 2-3 , 142 N.M. 803 , 171 P.3d 317 (presuming that

11
Washington v. Glucksberggreen
scotus · 1997 · cited in 1 New Mexico opinions naming this issue, 2016–2016
1 sentence

2016We next determine whether there are distinctive state characteristics contained in Article II, Section 18 of the New Mexico Constitution that justify 4 In Glucksberg, the American Medical Association concluded that “ ‘[p]hysician- assisted suicide is fundamentally incompatible with the physician’s role as healer.’ ” 521 U.S. at 731 (alteration in original) (quoting American Medical Association, Code of Ethics § 2.211 (1994)).

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
Henning v. Rounds green
nmctapp · 2007
2 sentences

2023See Dunn, 1999-NMCA- 084, ¶¶ 6, 16-17 (determining that the plaintiff’s submission of nearly 400 pages of attachments in his response to the defendants’ motion to dismiss did not convert the motion into one for summary judgment); see also Ruegsegger, 2007-NMCA-030 , ¶¶ 42- 43 (determining that the plaintiff’s attachment of an affidavit to her response to the defendants’ motion to dismiss, and her “conclusory request” for summary judgment, did not convert the motion to dismiss into one for summary judgment); Henning v. Rounds, 2007-NMCA-139, ¶¶ 2-3 , 142 N.M. 803 , 171 P.3d 317 (presuming that

2023See Dunn, 1999-NMCA- 084, ¶¶ 6, 16-17 (determining that the plaintiff’s submission of nearly 400 pages of attachments in his response to the defendants’ motion to dismiss did not convert the motion into one for summary judgment); see also Ruegsegger, 2007-NMCA-030 , ¶¶ 42- 43 (determining that the plaintiff’s attachment of an affidavit to her response to the defendants’ motion to dismiss, and her “conclusory request” for summary judgment, did not convert the motion to dismiss into one for summary judgment); Henning v. Rounds, 2007-NMCA-139, ¶¶ 2-3 , 142 N.M. 803 , 171 P.3d 317 (presuming that

12023–2023
Lester Ex Rel. Mavrogenis v. Hall green
nm · 1998
2 sentences

2009Lester, 1998-NMSC-047, ¶ 9 , 126 N.M. 404 , 970 P.2d 590 .

2009Lester, 1998-NMSC-047, ¶ 9 , 126 N.M. 404 , 970 P.2d 590 .

12009–2009
Maralex Resources, Inc. v. Gilbreath green
nm · 2003
2 sentences

2009We turn to our well-established principle that an appellate court “will affirm the district court if it is right for any reason and if affirmance is not unfair to the appellant.” Maralex Res., Inc. v. Gilbreath, 2003-NMSC-023, ¶ 13 , 134 N.M. 308 , 76 P.3d 626 (internal quotation marks and citation omitted).

2009We turn to our well-established principle that an appellate court “will affirm the district court if it is right for any reason and if affirmance is not unfair to the appellant.” Maralex Res., Inc. v. Gilbreath, 2003-NMSC-023, ¶ 13 , 134 N.M. 308 , 76 P.3d 626 (internal quotation marks and citation omitted).

12009–2009
State v. Gonzales green
nm · 2005
2 sentences

2008Nonetheless, our Supreme Court explained that "private interests may not adversely affect [a prosecutor's] representation of the public and pursuit of a fair trial." Gonzales, 2005-NMSC-025, ¶ 38 , 138 N.M. 271 , 119 P.3d 151 . {21} It goes without saying that everyone, including each ADA in this case, has a strong private interest in not being killed, but this does not end the inquiry.

2008Nonetheless, our Supreme Court explained that "private interests may not adversely affect [a prosecutor's] representation of the public and pursuit of a fair trial." Gonzales, 2005-NMSC-025, ¶ 38 , 138 N.M. 271 , 119 P.3d 151 . {21} It goes without saying that everyone, including each ADA in this case, has a strong private interest in not being killed, but this does not end the inquiry.

12008–2008

Where else courts name it

PA 65 (1975–2026) CA 47 (1977–2026) TX 38 (1977–2023) IL 32 (1980–2024) OH 29 (1986–2026) GA 25 (1989–2024) TN 20 (1991–2025) NY 20 (1980–2025) IN 17 (1988–2016) CT 14 (1985–2021) MI 13 (1977–2025) AZ 13 (1981–2019) MD 12 (1984–2016) WA 12 (1994–2022) MO 10 (1982–2023) AK 9 (1978–2023) OK 9 (1988–2022) IA 9 (1981–2023) MA 8 (1977–2024) WI 8 (1980–2025) CO 7 (2004–2024) VA 7 (1985–2022) UT 7 (1990–2025) NM 7 (2008–2023) MN 6 (2002–2016) FL 6 (1980–2025) DC 6 (1978–2017) LA 5 (1962–2017) NC 5 (1998–2024) KS 5 (1976–2021) KY 4 (1999–2024) SC 4 (1997–2022) HI 4 (1980–2017) SD 4 (1998–2025) ND 3 (2004–2013) NJ 3 (1981–2018) MT 3 (2003–2017) OR 3 (1975–2012) VT 3 (1997–2024) NV 2 (2018–2018) RI 2 (1989–2014) ID 2 (1989–2017) AR 2 (1988–2020) NH 2 (1978–2007) MS 2 (1999–2002) NE 2 (2004–2023)

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