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

7 New Mexico opinions name it 2 courts 1998–2024 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.

Followed or applied (3)

CaseFollowedCited
State v. Rojogreen
nm · 1998 · cited in 6 New Mexico opinions naming this issue, 2012–2024
2 sentences

2024However, review of an unpreserved speedy trial claim for fundamental error is reserved for circumstances in which there has been “a striking violation of the constitutional right to a speedy trial [such] that it would be appropriate to consider that issue for the first time on appeal.” See State v. Rojo, 1999-NMSC-001, ¶ 53 , 126 N.M. 438 , 971 P.2d 829 (internal quotation marks and citation omitted).

2024However, review of an unpreserved speedy trial claim for fundamental error is reserved for circumstances in which there has been “a striking violation of the constitutional right to a speedy trial [such] that it would be appropriate to consider that issue for the first time on appeal.” See State v. Rojo, 1999-NMSC-001, ¶ 53 , 126 N.M. 438 , 971 P.2d 829 (internal quotation marks and citation omitted).

36
Acacia Mutual Life Insurance v. American General Life Insurancegreen
nm · 1990 · cited in 1 New Mexico opinions naming this issue, 2015–2015
1 sentence

2015See State v. Munoz, 1990-NMCA-109 , ¶ 19, 111 N.M. 118 , 802 P.2d 11 1 23 (stating that if counsel had properly briefed the issue, we “would deny defendant’s 2 motion to amend because we find the issue he seeks to raise to be so without merit as 3 not to be viable”).

11
State v. Munozgreen
nmctapp · 1990 · cited in 1 New Mexico opinions naming this issue, 2015–2015
1 sentence

2015See State v. Munoz, 1990-NMCA-109 , ¶ 19, 111 N.M. 118 , 802 P.2d 11 1 23 (stating that if counsel had properly briefed the issue, we “would deny defendant’s 2 motion to amend because we find the issue he seeks to raise to be so without merit as 3 not to be viable”).

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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 (1)

CaseCitedYears
State v. Valdez green
nmctapp · 1990
2 sentences

1998Thus, as in Valdez, 109 N.M. at 763 , 790 P.2d at 1044 , “[n]othing in the record suggests such a striking violation of the constitutional right to a speedy trial that it would be appropriate to consider that issue for the first time on appeal” under Rule 12 — 216(B).

1998Thus, as in Valdez, 109 N.M. at 763 , 790 P.2d at 1044 , “[n]othing in the record suggests such a striking violation of the constitutional right to a speedy trial that it would be appropriate to consider that issue for the first time on appeal” under Rule 12 — 216(B).

11998–1998

Where else courts name it

CA 11 (1900–2022) NM 7 (1998–2024) FL 7 (1971–2013) OH 5 (1985–2012) NY 5 (1957–2011) PA 2 (2015–2018) TX 2 (2005–2020) UT 2 (2015–2015) MA 2 (1975–1980)

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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