means violation (New Mexico) · Go Syfert
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means violation in New Mexico

7 New Mexico opinions name it 2 courts 1979–2017 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.

Followed or applied (5)

CaseFollowedCited
State v. Pietrzakgreen
washctapp · 2002 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., State v. Pietrzak, 41 P.3d 1240, 1245 (Wash. Ct. App. 2002) (explaining that the corpus delecti rule serves as both a rule of evidence and a means to challenge the evidence “to protect a defendant from the possibility of an unjust conviction based upon a false confession” (internal quotation marks and citation omitted)); see also Bregar, 2017-NMCA- 028, ¶¶ 45-49 (addressing the corpus delicti argument in the context of the sufficiency challenge).

2017See, e.g., State v. Pietrzak, 41 P.3d 1240 , 1245 9 (Wash. Ct. App. 2002) (explaining that the corpus delecti rule serves as both a rule 10 of evidence and a means to challenge the evidence “to protect a defendant from the 11 possibility of an unjust conviction based upon a false confession” (internal quotation 12 marks and citation omitted)); see also Bregar, 2017-NMCA-028 , ¶¶ 45-49 13 (addressing the corpus delicti argument in the context of the sufficiency challenge). 14 In response to our request, Defendant contends that there was no proof independent 15 of his statements that would corro

22
Gaines v. Village of Wyominggreen
ohio · 1947 · cited in 2 New Mexico opinions naming this issue, 1979–1979
2 sentences

1979That the only way to abate the nuisance might incidentally be through the use of its police officers or other employees does not make the breach of duty essentially a failure to exercise a governmental function [ 194 A. at 568-69 .] A similar case which followed Stevens , is Gaines v. Village of Wyoming, 147 Ohio St. 491 , 72 N.E.2d 369, 372-3 (1947) in which the court said: A municipality, which by overt acts not only permits and encourages but also provides the means for the violation of law by invitees upon public grounds owned by it within the municipality, may be held liable for the creat

1979That the only way to abate the nuisance might incidentally be through the use of its police officers or other employees does not make the breach of duty essentially a failure to exercise a governmental function [ 194 A. at 568-69 .] A similar case which followed Stevens , is Gaines v. Village of Wyoming, 147 Ohio St. 491 , 72 N.E.2d 369, 372-3 (1947) in which the court said: A municipality, which by overt acts not only permits and encourages but also provides the means for the violation of law by invitees upon public grounds owned by it within the municipality, may be held liable for the creat

22
State v. Bregargreen
nmctapp · 2016 · cited in 1 New Mexico opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., State v. Pietrzak, 41 P.3d 1240 , 1245 9 (Wash. Ct. App. 2002) (explaining that the corpus delecti rule serves as both a rule 10 of evidence and a means to challenge the evidence “to protect a defendant from the 11 possibility of an unjust conviction based upon a false confession” (internal quotation 12 marks and citation omitted)); see also Bregar, 2017-NMCA-028 , ¶¶ 45-49 13 (addressing the corpus delicti argument in the context of the sufficiency challenge). 14 In response to our request, Defendant contends that there was no proof independent 15 of his statements that would corro

11
In Re Sealed Casegreen
cadc · 1994 · cited in 1 New Mexico opinions naming this issue, 2007–2007
1 sentence

2007See In re EchoStar Commc’ns Corp., 448 F.3d 1294, 1300 (Fed.Cir.2006) (“We review the district court’s determination as to the scope of the waiver for an abuse of discretion.”); see also In re Sealed Case, 29 F.3d 715, 719 (D.C.Cir.1994) (explaining that because delineation of a waiver’s scope “depend[s] heavily on the factual context in which the privilege is asserted,” such determinations are entitled to deferential review (internal quotation marks and citation omitted)); 2 Paul R.

11
In Re Echostar Communications Corporationgreen
cafc · 2006 · cited in 1 New Mexico opinions naming this issue, 2007–2007
1 sentence

2007See In re EchoStar Commc’ns Corp., 448 F.3d 1294, 1300 (Fed.Cir.2006) (“We review the district court’s determination as to the scope of the waiver for an abuse of discretion.”); see also In re Sealed Case, 29 F.3d 715, 719 (D.C.Cir.1994) (explaining that because delineation of a waiver’s scope “depend[s] heavily on the factual context in which the privilege is asserted,” such determinations are entitled to deferential review (internal quotation marks and citation omitted)); 2 Paul R.

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 (3)

CaseCitedYears
Stevens Et Ux. v. Pittsburgh green
pasuperct · 1937
2 sentences

1979That the only way to abate the nuisance might incidentally be through the use of its police officers or other employees does not make the breach of duty essentially a failure to exercise a governmental function [ 194 A. at 568-69 .] A similar case which followed Stevens , is Gaines v. Village of Wyoming, 147 Ohio St. 491 , 72 N.E.2d 369, 372-3 (1947) in which the court said: A municipality, which by overt acts not only permits and encourages but also provides the means for the violation of law by invitees upon public grounds owned by it within the municipality, may be held liable for the creat

1979That the only way to abate the nuisance might incidentally be through the use of its police officers or other employees does not make the breach of duty essentially a failure to exercise a governmental function [ 194 A. at 568-69 .] A similar case which followed Stevens, is Gaines v. Village of Wyoming, 147 Ohio St. 491 , 72 N.E.2d 369, 372-3 (1947) in which the court said: A municipality, which by overt acts not only permits and encourages but also provides the means for the violation of law by invitees upon public grounds owned by it within the municipality, may be held liable for the creati

21979–1979
State v. Orona green
nm · 1979
2 sentences

2010In Orona , the district court's order prohibiting defense access to witnesses was held to be an impediment to the defendant's right to due process, and the Supreme Court held that "there was unquestionably a suppression of the means by which the defense could obtain evidence." Id. (internal quotation marks and citation omitted).

2010In Orona, the district court’s order prohibiting defense access to witnesses was held to be an impediment to the defendant’s right to due process, and the Supreme Court held that “there was unquestionably a suppression of the means by which the defense could obtain evidence.” Id. (internal quotation marks and citation omitted).

12010–2010
Clifton Gregory v. United States green
cadc · 1966
1 sentence

1979The defense could not know what the eye witnesses to the events in suit were to testify to or how firm they were in their testimony unless defense counsel was provided a fair opportunity for interview. 125 U.S.App.D.C. at 144 . 369 F.2d at 189 .

11979–1979

Where else courts name it

TX 122 (1882–2026) CA 78 (1880–2025) AR 70 (1985–2026) WA 57 (1900–2026) KS 43 (1994–2026) IL 38 (1897–2026) OH 36 (1906–2025) PA 34 (1909–2026) FL 29 (1983–2025) NJ 29 (1877–2026) TN 28 (1914–2023) MN 27 (2008–2026) AL 27 (1870–2024) CT 23 (1930–2010) IN 23 (1893–2019) MI 22 (1906–2026) NY 21 (1926–2026) MO 19 (1910–2023) MA 16 (1873–2026) CO 14 (1907–2025) WI 14 (1996–2024) OR 13 (1971–2026) GA 11 (1906–2024) IA 10 (1920–2022) HI 10 (1962–2023) DE 9 (1942–2024) UT 9 (1990–2024) WV 7 (1949–2021) NM 7 (1979–2017) NC 7 (1903–2026) WY 6 (1892–2025) DC 6 (1999–2022) MS 6 (1950–2010) SD 5 (1999–2023) NV 5 (2009–2021) VA 5 (1964–2010) LA 5 (1926–2011) KY 5 (1981–2026) ME 4 (2002–2016) ND 4 (1898–2010) MD 4 (1983–2013) NE 3 (1912–2023) NH 3 (1972–2004) SC 2 (2022–2023) VT 2 (1927–1970) VI 2 (2008–2013) ID 2 (1967–2003)

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.

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