day before hearing (New Mexico) · Go Syfert
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day before hearing in New Mexico

6 New Mexico opinions name it 2 courts 2007–2024 3 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
Atherton v. Gopingreen
nmctapp · 2014 · cited in 1 New Mexico opinions naming this issue, 2023–2023
1 sentence

2023See Atherton v. Gopin, 2015-NMCA-003, ¶ 24 , 340 P.3d 630 (holding that before granting summary judgment, “the district court must assess despite the lack of a response whether, on the merits, the moving party satisfied the burden under Rule 1- 056(C) [NMRA].” Id. (alteration, internal quotation marks, and citation omitted).

11
Paragon Foundation, Inc. v. State of New Mexico Livestock Boardgreen
nmctapp · 2005 · cited in 1 New Mexico opinions naming this issue, 2015–2015
2 sentences

2015See 5 Paragon Found., Inc. v. State Livestock Bd., 2006-NMCA-004, ¶ 31 , 138 N.M. 761 , 6 126 P.3d 577 (stating that an appellate court reviews the denial of a motion for 7 continuance for abuse of discretion).

2015See 5 Paragon Found., Inc. v. State Livestock Bd., 2006-NMCA-004, ¶ 31 , 138 N.M. 761 , 6 126 P.3d 577 (stating that an appellate court reviews the denial of a motion for 7 continuance for abuse of discretion).

11
Reeves v. Wimberlygreen
nmctapp · 1988 · cited in 1 New Mexico opinions naming this issue, 2015–2015
2 sentences

2015See Reeves v. Wimberly, 16 1988-NMCA-038 , ¶ 21, 107 N.M. 231 , 755 P.2d 75 (“Upon a doubtful or deficient 17 record, every presumption is indulged in favor of the correctness and regularity of the 18 trial court’s decision, and the appellate court will indulge in reasonable presumptions 19 in support of the order entered.”). 4 1 {5} Appellant next maintains his argument that the district court erred in not 2 granting his motion for a continuance after Appellant informed it that he had not 3 received notice of the trial date until the day before the hearing. [MIO 4-7] We 4 review the district

2015See Reeves v. Wimberly, 16 1988-NMCA-038 , ¶ 21, 107 N.M. 231 , 755 P.2d 75 (“Upon a doubtful or deficient 17 record, every presumption is indulged in favor of the correctness and regularity of the 18 trial court’s decision, and the appellate court will indulge in reasonable presumptions 19 in support of the order entered.”). 4 1 {5} Appellant next maintains his argument that the district court erred in not 2 granting his motion for a continuance after Appellant informed it that he had not 3 received notice of the trial date until the day before the hearing. [MIO 4-7] We 4 review the district

11
Donohoe v. Mid-Valley Glass Co.green
orctapp · 1987 · cited in 1 New Mexico opinions naming this issue, 2011–2011
1 sentence

2011She now informs us that 3 a bench warrant for her arrest had been issued on March 8. [MIO 2] 4 Appellant argues that the district court should have viewed, and this Court 5 should now view, the March 14 faxed letter as her first request for a continuance, not 6 her second, as the first continuance would have occurred anyway because of the 7 judge’s recusal. [MIO 2] As we stated in our notice of proposed summary 8 disposition, “[g]ranting of a continuance . . . rests within the sound discretion of the 9 trial court, and the denial of a continuance will be reversed only upon a showing of 10 a cl

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
Rhein v. ADT Automotive, Inc. green
nm · 1996
2 sentences

2024Citing State v. Grogan, the judge emphasized her judicial “duty to maintain the integrity of the court” and set a hearing on the motion for a new trial. 2007-NMSC-039, ¶ 10 , 142 N.M. 107 , 163 P.3d 494 . {13} The day before the hearing on the motion, Defendant moved for a mistrial and to bar reprosecution under Breit, 1996-NMSC-067 .

2024Defense counsel never objected. 8 Citing State v. Grogan, the judge emphasized her judicial “duty to maintain the 9 integrity of the court” and set a hearing on the motion for a new trial. 2007-NMSC- 10 039, ¶ 10, 142 N.M. 107 , 163 P.3d 494 . 11 {13} The day before the hearing on the motion, Defendant moved for a mistrial and 12 to bar reprosecution under Breit, 1996-NMSC-067 .

22024–2024
State v. Grogan green
nm · 2007
2 sentences

2024Defense counsel never objected. 8 Citing State v. Grogan, the judge emphasized her judicial “duty to maintain the 9 integrity of the court” and set a hearing on the motion for a new trial. 2007-NMSC- 10 039, ¶ 10, 142 N.M. 107 , 163 P.3d 494 . 11 {13} The day before the hearing on the motion, Defendant moved for a mistrial and 12 to bar reprosecution under Breit, 1996-NMSC-067 .

2024Defense counsel never objected. 8 Citing State v. Grogan, the judge emphasized her judicial “duty to maintain the 9 integrity of the court” and set a hearing on the motion for a new trial. 2007-NMSC- 10 039, ¶ 10, 142 N.M. 107 , 163 P.3d 494 . 11 {13} The day before the hearing on the motion, Defendant moved for a mistrial and 12 to bar reprosecution under Breit, 1996-NMSC-067 .

22024–2024
Bombach v. Battershell green
nm · 1987
1 sentence

2011She now informs us that 3 a bench warrant for her arrest had been issued on March 8. [MIO 2] 4 Appellant argues that the district court should have viewed, and this Court 5 should now view, the March 14 faxed letter as her first request for a continuance, not 6 her second, as the first continuance would have occurred anyway because of the 7 judge’s recusal. [MIO 2] As we stated in our notice of proposed summary 8 disposition, “[g]ranting of a continuance . . . rests within the sound discretion of the 9 trial court, and the denial of a continuance will be reversed only upon a showing of 10 a cl

12011–2011
Montoya v. Zia Co. green
nmctapp · 1971
1 sentence

2007Id.

12007–2007

Where else courts name it

CA 30 (1959–2025) TX 21 (1994–2024) IL 20 (1983–2021) NY 10 (1962–2021) GA 10 (1980–2023) OH 9 (1927–2017) LA 8 (1980–2016) IN 6 (1980–2021) NM 6 (2007–2024) FL 6 (1990–2023) OR 6 (1978–2025) WI 5 (2000–2025) PA 4 (2003–2021) AL 3 (2007–2010) NE 3 (1993–2016) TN 3 (1996–2025) MS 3 (1995–2025) SD 3 (1992–2007) CT 3 (1987–2009) WA 2 (2013–2019) ND 2 (2006–2006) MT 2 (2012–2012) AK 2 (2013–2022) MD 2 (2006–2018)

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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