district court conducted hearing (New Mexico) · Go Syfert
← New Mexico issues

district court conducted hearing in New Mexico

6 New Mexico opinions name it 2 courts 1996–2026 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 (4)

CaseFollowedCited
Sangre De Cristo Development Corp. v. City of Santa Fegreen
nm · 1972 · cited in 2 New Mexico opinions naming this issue, 1996–1996
2 sentences

1996At the hearing, the court expressed its reliance on Sangre de Cristo Development Corp. v. City of Santa Fe, 84 N.M. 343, 347 , 503 P.2d 323, 327 (1972), cert. denied, 411 U.S. 938 , 93 S.Ct. 1900 , 36 L.Ed.2d 400 (1973), a case which held under state law that principles of common law sovereign immunity preclude a state court from issuing an injunction against a municipality.

1996At the hearing, the court expressed its reliance on Sangre de Cristo Development Corp. v. City of Santa Fe, 84 N.M. 343, 347 , 503 P.2d 323, 327 (1972), cert. denied, 411 U.S. 938 , 93 S.Ct. 1900 , 36 L.Ed.2d 400 (1973), a case which held under state law that principles of common law sovereign immunity preclude a state court from issuing an injunction against a municipality.

22
State v. Senagreen
nm · 2020 · cited in 1 New Mexico opinions naming this issue, 2026–2026
1 sentence

2026See Sena, 2020-NMSC-011, ¶ 15 (noting that a trial court abuses it discretion if “its discretionary decision is premised on a misapprehension of the law” (internal quotation marks and citation omitted)). {33} However, even if we concluded that the district court had the authority to issue findings of fact for Defendant’s untimely posttrial IAC motion, Defendant provides no support for the exercise of this authority being mandatory.

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 New Mexico opinions naming this issue, 2012–2012
2 sentences

2012In the alternative, the State argued that if the district court found the case was of intermediate complexity, the balancing test under Barker v. Wingo, 407 U.S. 514, 530 (1972), also required rejection of the motion. {12} The district court conducted a hearing which began with the judge asking defense counsel about the alleged prejudice to her client.

2012In the alternative, the State argued that if the district court found the case was of intermediate complexity, the balancing test under Barker v. Wingo, 407 U.S. 514, 530 (1972), also required rejection of the motion. {12} The district court conducted a hearing which began with the judge asking defense counsel about the alleged prejudice to her client.

11
State v. Gomezgreen
nm · 1997 · cited in 1 New Mexico opinions naming this issue, 2011–2011
2 sentences

2011Even though 12 defense counsel argued that Defendant was unable to bail himself out of jail and that 13 he was placed on electronic monitoring, those arguments do not establish a factual 14 basis on which Defendant could have based his equal protection claim because 15 “arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 16 145 N.M. 451 , 200 P.3d 104 ; see also State v. Gomez, 1997-NMSC-006, ¶ 22 , 122 17 N.M. 777 , 932 P.2d 1 (holding that to establish a state or federal constitutional claim 18 a defendant must establish a factual basis in order for the court to r

2011Even though 12 defense counsel argued that Defendant was unable to bail himself out of jail and that 13 he was placed on electronic monitoring, those arguments do not establish a factual 14 basis on which Defendant could have based his equal protection claim because 15 “arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 16 145 N.M. 451 , 200 P.3d 104 ; see also State v. Gomez, 1997-NMSC-006, ¶ 22 , 122 17 N.M. 777 , 932 P.2d 1 (holding that to establish a state or federal constitutional claim 18 a defendant must establish a factual basis in order for the court to 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 (4)

CaseCitedYears
Kingston v. McLaughlin green
scotus · 1973
2 sentences

1996At the hearing, the court expressed its reliance on Sangre de Cristo Development Corp. v. City of Santa Fe, 84 N.M. 343, 347 , 503 P.2d 323, 327 (1972), cert. denied, 411 U.S. 938 , 93 S.Ct. 1900 , 36 L.Ed.2d 400 (1973), a case which held under state law that principles of common law sovereign immunity preclude a state court from issuing an injunction against a municipality.

1996At the hearing, the court expressed its reliance on Sangre de Cristo Development Corp. v. City of Santa Fe, 84 N.M. 343, 347 , 503 P.2d 323, 327 (1972), cert. denied, 411 U.S. 938 , 93 S.Ct. 1900 , 36 L.Ed.2d 400 (1973), a case which held under state law that principles of common law sovereign immunity preclude a state court from issuing an injunction against a municipality.

21996–1996
Central Railroad v. Baker green
scotus · 1973
2 sentences

1996At the hearing, the court expressed its reliance on Sangre de Cristo Development Corp. v. City of Santa Fe, 84 N.M. 343, 347 , 503 P.2d 323, 327 (1972), cert. denied, 411 U.S. 938 , 93 S.Ct. 1900 , 36 L.Ed.2d 400 (1973), a case which held under state law that principles of common law sovereign immunity preclude a state court from issuing an injunction against a municipality.

1996At the hearing, the court expressed its reliance on Sangre de Cristo Development Corp. v. City of Santa Fe, 84 N.M. 343, 347 , 503 P.2d 323, 327 (1972), cert. denied, 411 U.S. 938 , 93 S.Ct. 1900 , 36 L.Ed.2d 400 (1973), a case which held under state law that principles of common law sovereign immunity preclude a state court from issuing an injunction against a municipality.

21996–1996
Lujan v. City of Albuquerque green
nmctapp · 2003
1 sentence

2013The 11 district court did not enter the summary judgments solely on the basis of Plaintiff’s 12 technical violation of the rule; instead, it determined that Lowe and Campbell/DLR 13 had established undisputed material facts that Plaintiff failed to controvert and, 14 consequently, that Lowe and Campbell/DLR were entitled to summary judgment. 15 This was entirely consistent with Lujan, which stated that “[b]efore entry of an order 16 granting summary judgment, the district court must assess whether, on the merits, the 17 moving party satisfied the burden under Rule 1-056(C).” Lujan, 2003-NMCA-1

12013–2013
Muse v. Muse green
nmctapp · 2008
2 sentences

2011Even though 12 defense counsel argued that Defendant was unable to bail himself out of jail and that 13 he was placed on electronic monitoring, those arguments do not establish a factual 14 basis on which Defendant could have based his equal protection claim because 15 “arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 16 145 N.M. 451 , 200 P.3d 104 ; see also State v. Gomez, 1997-NMSC-006, ¶ 22 , 122 17 N.M. 777 , 932 P.2d 1 (holding that to establish a state or federal constitutional claim 18 a defendant must establish a factual basis in order for the court to r

2011Even though 12 defense counsel argued that Defendant was unable to bail himself out of jail and that 13 he was placed on electronic monitoring, those arguments do not establish a factual 14 basis on which Defendant could have based his equal protection claim because 15 “arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 16 145 N.M. 451 , 200 P.3d 104 ; see also State v. Gomez, 1997-NMSC-006, ¶ 22 , 122 17 N.M. 777 , 932 P.2d 1 (holding that to establish a state or federal constitutional claim 18 a defendant must establish a factual basis in order for the court to r

12011–2011

Where else courts name it

NV 13 (1993–2018) KS 11 (1993–2026) MT 9 (1995–2017) NE 8 (2004–2024) LA 6 (1977–2016) NM 6 (1996–2026) CO 5 (1993–2025) WY 4 (2000–2024) TX 4 (1995–2019) UT 3 (2011–2023) MN 3 (2014–2026) OK 2 (2009–2009) ID 2 (1974–1988)

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