Baca motion (New Mexico) · Go Syfert
← New Mexico issues

Baca motion in New Mexico

6 New Mexico opinions name it 2 courts 1975–2023 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 (2)

CaseFollowedCited
Gathman-Matotan Architects & Planners, Inc. v. Stategreen
nm · 1990 · cited in 1 New Mexico opinions naming this issue, 1996–1996
2 sentences

1996See Gathman-Matotan Architects & Planners v. State, 109 N.M. 492 , 787 P.2d 411 (1990).

1996See Gathman-Matotan Architects & Planners v. State, 109 N.M. 492 , 787 P.2d 411 (1990).

11
State v. Bacagreen
nmctapp · 1974 · cited in 1 New Mexico opinions naming this issue, 1975–1975
2 sentences

1975State v. Baca, 87 N.M. 12 , 528 P.2d 656, 657-58 (Ct.App.1974). *861 The Baca rule allows the police to act fast and without warning under exigent circumstances when to do otherwise might allow a guilty person to escape conviction.

1975State v. Baca, 87 N.M. 12 , 528 P.2d 656, 657-58 (Ct.App.1974). *861 The Baca rule allows the police to act fast and without warning under exigent circumstances when to do otherwise might allow a guilty person to escape conviction.

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
State v. Anaya green
nm · 2009
2 sentences

2023Betancourt, 1987- 10 NMCA-039, ¶ 23. 11 {16} In a subsequent case, State v. Anaya, 2009-NMSC-043 , 147 N.M. 100 , 217 12 P.3d 586 , our Supreme Court addressed a seizure that occurred before the defendant 13 reached a sobriety roadblock.

2023Betancourt, 1987- 10 NMCA-039, ¶ 23. 11 {16} In a subsequent case, State v. Anaya, 2009-NMSC-043 , 147 N.M. 100 , 217 12 P.3d 586 , our Supreme Court addressed a seizure that occurred before the defendant 13 reached a sobriety roadblock.

22023–2023
State v. Rivera green
nm · 2003
2 sentences

2004A reviewing court does not “construe one provision of a statute in a manner that would make other provisions null or superfluous.” Rivera, 2004-NMSC-001, ¶ 18 , 134 N.M. 768 , 82 P.3d 939 ; cf. Leslie, 2004-NMCA-106, ¶¶ 9-10 , 136 N.M. 244 , 96 P.3d 805 (interpreting, in the context of conditional discharges, the relationship between NMSA 1978, § 31-20-13(A) (1994), and Section 31-20-5 and Section 31-20-6, “within the overall sentencing scheme”). {19} In rejecting this argument below, the district court hearing Baca’s motion for reconsideration observed that “Defendant and his counsel contend

2004A reviewing court does not “construe one provision of a statute in a manner that would make other provisions null or superfluous.” Rivera, 2004-NMSC-001, ¶ 18 , 134 N.M. 768 , 82 P.3d 939 ; cf. Leslie, 2004-NMCA-106, ¶¶ 9-10 , 136 N.M. 244 , 96 P.3d 805 (interpreting, in the context of conditional discharges, the relationship between NMSA 1978, § 31-20-13(A) (1994), and Section 31-20-5 and Section 31-20-6, “within the overall sentencing scheme”). {19} In rejecting this argument below, the district court hearing Baca’s motion for reconsideration observed that “Defendant and his counsel contend

12004–2004
State v. Leslie green
nmctapp · 2004
2 sentences

2004A reviewing court does not “construe one provision of a statute in a manner that would make other provisions null or superfluous.” Rivera, 2004-NMSC-001, ¶ 18 , 134 N.M. 768 , 82 P.3d 939 ; cf. Leslie, 2004-NMCA-106, ¶¶ 9-10 , 136 N.M. 244 , 96 P.3d 805 (interpreting, in the context of conditional discharges, the relationship between NMSA 1978, § 31-20-13(A) (1994), and Section 31-20-5 and Section 31-20-6, “within the overall sentencing scheme”). {19} In rejecting this argument below, the district court hearing Baca’s motion for reconsideration observed that “Defendant and his counsel contend

2004A reviewing court does not “construe one provision of a statute in a manner that would make other provisions null or superfluous.” Rivera, 2004-NMSC-001, ¶ 18 , 134 N.M. 768 , 82 P.3d 939 ; cf. Leslie, 2004-NMCA-106, ¶¶ 9-10 , 136 N.M. 244 , 96 P.3d 805 (interpreting, in the context of conditional discharges, the relationship between NMSA 1978, § 31-20-13(A) (1994), and Section 31-20-5 and Section 31-20-6, “within the overall sentencing scheme”). {19} In rejecting this argument below, the district court hearing Baca’s motion for reconsideration observed that “Defendant and his counsel contend

12004–2004
State v. Garcia green
nm · 1992
2 sentences

1997We disagree with Baca’s analysis of the evidence and, therefore, need not reach Baca’s analysis of the law. {19} This Court must ensure that “a rational jury could have found beyond a reasonable doubt the essential facts required for a conviction.” Garcia, 1992 NMSC 046, 114 N.M. at 274 , 837 P.2d at 867 .

1997We disagree with Baca’s analysis of the evidence and, therefore, need not reach Baca’s analysis of the law. {19} This Court must ensure that “a rational jury could have found beyond a reasonable doubt the essential facts required for a conviction.” Garcia, 1992 NMSC 046, 114 N.M. at 274 , 837 P.2d at 867 .

11997–1997

Where else courts name it

NM 6 (1975–2023) AZ 2 (1990–2015) IN 2 (2011–2019)

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