defective instruction (New Mexico) · Go Syfert
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defective instruction in New Mexico

6 New Mexico opinions name it 2 courts 1990–2025 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 (8)

CaseFollowedCited
Andrus v. Gas Co. of New Mexicogreen
nmctapp · 1990 · cited in 3 New Mexico opinions naming this issue, 2001–2018
2 sentences

2018Further, “[t]o preserve an [instructional] issue for 19 appellate review, the objection must be specific enough to alert the district court to the 3 1 particular vice in the defective instruction.” Id. (citation omitted).

2006“To preserve an issue for appellate review, the objection must be specific enough to alert the district court to the particular vice in the defective instruction.” Andrus v. Gas Co., 110 N.M. 593, 597 , 798 P.2d 194, 198 (Ct.App.1990).

23
State v. Astorgagreen
nm · 2015 · cited in 1 New Mexico opinions naming this issue, 2025–2025
1 sentence

2025See State v. Astorga, 2015-NMSC-007, ¶¶ 42-43 , 343 P.3d 1245 (“When an error is preserved, we review for harmless error. . . .

11
State v. Astorgagreen
nmctapp · 2015 · cited in 1 New Mexico opinions naming this issue, 2025–2025
1 sentence

2025See State v. Astorga, 2015-NMSC-007, ¶¶ 42-43 , 343 P.3d 1245 (“When an error is preserved, we review for harmless error. . . .

11
Heath Ex Rel. Holdyn H. v. La Mariana Apartmentsgreen
nm · 2008 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012Heath v. La 11 Mariana Apartments, 2007-NMCA-003, ¶ 26 , 141 N.M. 131 , 151 P.3d 903 (“To 12 preserve an issue for appellate review, the objection must be specific enough to alert 13 the district court to the particular vice in the defective instruction.” (internal quotation 14 marks and citation omitted)), aff’d on other grounds by 2008-NMSC-017, ¶¶ 1, 24 , 15 143 N.M. 657 , 180 P.3d 664 ; City of Albuquerque v. Ackerman, 82 N.M. 360, 364 , 16 482 P.2d 63, 67 (1971) (same). 17 Alternatively, Defendants argue that this is an issue for fundamental error 18 review, on the grounds that there is “

2012Heath v. La 11 Mariana Apartments, 2007-NMCA-003, ¶ 26 , 141 N.M. 131 , 151 P.3d 903 (“To 12 preserve an issue for appellate review, the objection must be specific enough to alert 13 the district court to the particular vice in the defective instruction.” (internal quotation 14 marks and citation omitted)), aff’d on other grounds by 2008-NMSC-017, ¶¶ 1, 24 , 15 143 N.M. 657 , 180 P.3d 664 ; City of Albuquerque v. Ackerman, 82 N.M. 360, 364 , 16 482 P.2d 63, 67 (1971) (same). 17 Alternatively, Defendants argue that this is an issue for fundamental error 18 review, on the grounds that there is “

11
City of Albuquerque v. Ackermangreen
nm · 1971 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012Heath v. La 11 Mariana Apartments, 2007-NMCA-003, ¶ 26 , 141 N.M. 131 , 151 P.3d 903 (“To 12 preserve an issue for appellate review, the objection must be specific enough to alert 13 the district court to the particular vice in the defective instruction.” (internal quotation 14 marks and citation omitted)), aff’d on other grounds by 2008-NMSC-017, ¶¶ 1, 24 , 15 143 N.M. 657 , 180 P.3d 664 ; City of Albuquerque v. Ackerman, 82 N.M. 360, 364 , 16 482 P.2d 63, 67 (1971) (same). 17 Alternatively, Defendants argue that this is an issue for fundamental error 18 review, on the grounds that there is “

2012Heath v. La 11 Mariana Apartments, 2007-NMCA-003, ¶ 26 , 141 N.M. 131 , 151 P.3d 903 (“To 12 preserve an issue for appellate review, the objection must be specific enough to alert 13 the district court to the particular vice in the defective instruction.” (internal quotation 14 marks and citation omitted)), aff’d on other grounds by 2008-NMSC-017, ¶¶ 1, 24 , 15 143 N.M. 657 , 180 P.3d 664 ; City of Albuquerque v. Ackerman, 82 N.M. 360, 364 , 16 482 P.2d 63, 67 (1971) (same). 17 Alternatively, Defendants argue that this is an issue for fundamental error 18 review, on the grounds that there is “

11
Sturgeon v. Clarkgreen
nm · 1961 · cited in 1 New Mexico opinions naming this issue, 2001–2001
2 sentences

2001See id.; see also Sturgeon v. Clark, 69 N.M. 132, 139 , 364 P.2d 757, 761 (1961) (holding that in order to preserve error in jury instruction, objection cannot be made in mere general terms); Andrus v. Gas Co., 110 N.M. 593, 597 , 798 P.2d 194, 198 (Ct.App.1990) ("To preserve an issue for appellate review, the objection must be specific enough to alert the district court to the particular vice in the defective instruction.").

2001See id.; see also Sturgeon v. Clark, 69 N.M. 132, 139 , 364 P.2d 757, 761 (1961) (holding that in order to preserve error in jury instruction, objection cannot be made in mere general terms); Andrus v. Gas Co., 110 N.M. 593, 597 , 798 P.2d 194, 198 (Ct.App.1990) ("To preserve an issue for appellate review, the objection must be specific enough to alert the district court to the particular vice in the defective instruction.").

11
Salinas v. John Deere Co.green
nmctapp · 1984 · cited in 1 New Mexico opinions naming this issue, 1990–1990
1 sentence

1990See Salinas v. John Deere Co., 103 N.M. 336 , 707 P.2d 27 (Ct.App.1984).

11
Salinas v. John Deere Co., Inc.green
nmctapp · 1985 · cited in 1 New Mexico opinions naming this issue, 1990–1990
1 sentence

1990See Salinas v. John Deere Co., 103 N.M. 336 , 707 P.2d 27 (Ct.App.1984).

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 (2)

CaseCitedYears
Chavez v. Board of County Commissioners green
nmctapp · 2001
2 sentences

2012Comm’rs, 2001-NMCA-065, ¶ 41 , 130 22 1 N.M. 753 , 31 P.3d 1027 (“[Fundamental error] applies only in exceptional 2 circumstances, such as when substantial justice was not done, the court was deprived 3 of jurisdiction to hear the case, the issue was one of general public interest that would 4 impact a large number of litigants, or, there was a total absence of anything in the 5 record of the case showing a right to relief.” (internal quotation marks and citation 6 omitted)).

2012Comm’rs, 2001-NMCA-065, ¶ 41 , 130 22 1 N.M. 753 , 31 P.3d 1027 (“[Fundamental error] applies only in exceptional 2 circumstances, such as when substantial justice was not done, the court was deprived 3 of jurisdiction to hear the case, the issue was one of general public interest that would 4 impact a large number of litigants, or, there was a total absence of anything in the 5 record of the case showing a right to relief.” (internal quotation marks and citation 6 omitted)).

12012–2012
Heath ex rel. Heath v. La Mariana Apartments green
nmctapp · 2006
2 sentences

2012Heath v. La 11 Mariana Apartments, 2007-NMCA-003, ¶ 26 , 141 N.M. 131 , 151 P.3d 903 (“To 12 preserve an issue for appellate review, the objection must be specific enough to alert 13 the district court to the particular vice in the defective instruction.” (internal quotation 14 marks and citation omitted)), aff’d on other grounds by 2008-NMSC-017, ¶¶ 1, 24 , 15 143 N.M. 657 , 180 P.3d 664 ; City of Albuquerque v. Ackerman, 82 N.M. 360, 364 , 16 482 P.2d 63, 67 (1971) (same). 17 Alternatively, Defendants argue that this is an issue for fundamental error 18 review, on the grounds that there is “

2012Heath v. La 11 Mariana Apartments, 2007-NMCA-003, ¶ 26 , 141 N.M. 131 , 151 P.3d 903 (“To 12 preserve an issue for appellate review, the objection must be specific enough to alert 13 the district court to the particular vice in the defective instruction.” (internal quotation 14 marks and citation omitted)), aff’d on other grounds by 2008-NMSC-017, ¶¶ 1, 24 , 15 143 N.M. 657 , 180 P.3d 664 ; City of Albuquerque v. Ackerman, 82 N.M. 360, 364 , 16 482 P.2d 63, 67 (1971) (same). 17 Alternatively, Defendants argue that this is an issue for fundamental error 18 review, on the grounds that there is “

12012–2012

Where else courts name it

IL 34 (1906–2025) CA 33 (1941–2025) VA 30 (1897–2026) TX 27 (1978–2022) PA 21 (1847–2024) NY 20 (1912–2026) OH 19 (1994–2025) FL 15 (1983–2026) HI 12 (1978–2025) IN 12 (1885–2011) MO 9 (1914–2013) MA 8 (1979–2019) WA 8 (1970–2024) KY 8 (2012–2026) CT 7 (1987–2016) MS 7 (1967–2018) NM 6 (1990–2025) WI 6 (1898–2014) NC 5 (1890–2017) MI 5 (1982–2025) KS 5 (1916–2026) OR 4 (1959–2021) ID 4 (2015–2017) MN 4 (1987–2014) IA 4 (2000–2017) AR 3 (1977–2019) WY 3 (1977–2015) AL 3 (1936–1987) DE 2 (2021–2026) AZ 2 (2003–2004) WV 2 (1972–1990) SD 2 (2026–2026) LA 2 (2005–2013) RI 2 (1988–2005) MD 2 (2022–2022)

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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