Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 New Mexico opinions name it 1 courts 2015–2024 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.
| Case | Followed | Cited |
|---|---|---|
State v. Andradegreen1 sentence2024See Andrade, 1998-NMCA-031, ¶¶ 2-11 (affirming a district court’s rejection of the defendant’s tendered jury instruction because the only evidentiary basis for the instruction would require the jury to engage in “unrealistic mental gymnastics, picking and choosing portions of testimony from witnesses who totally contradicted one another”); State v. Wilson, 1993-NMCA-074 , ¶¶ 15-18, 117 N.M. 11 , 868 P.2d 656 (holding that a tendered lesser-included offense instruction was properly rejected where the defendant argued that a composite version of select portions of victim’s and defendant’s contra | 1 | 1 |
State v. Galindogreen1 sentence2024See Andrade, 1998-NMCA-031, ¶¶ 2-11 (affirming a district court’s rejection of the defendant’s tendered jury instruction because the only evidentiary basis for the instruction would require the jury to engage in “unrealistic mental gymnastics, picking and choosing portions of testimony from witnesses who totally contradicted one another”); State v. Wilson, 1993-NMCA-074 , ¶¶ 15-18, 117 N.M. 11 , 868 P.2d 656 (holding that a tendered lesser-included offense instruction was properly rejected where the defendant argued that a composite version of select portions of victim’s and defendant’s contra | 1 | 1 |
State v. Candelariagreen1 sentence2019See State v. Candelaria, 2019-NMSC-004 , ¶ 35, 434 P.3d 297 (holding the district court did not commit error when it failed to give a no-retreat instruction in the absence of an evidentiary basis for the instruction). | 1 | 1 |
State v. Barbergreen1 sentence2015See Barber, 2004-NMSC-019, ¶ 25 (recognizing the necessity for jury instruction when absence of clarification would render the jury’s understanding of the law deficient). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Anderson
green
2 sentences2019Id. {11} In reviewing the defendant’s fundamental error claim, we explained that where “the evidentiary basis for the instruction has been laid, UJI 14-5190 informs jurors of what is reasonable under the third prong of [UJI 14-5171 NMRA, the uniform jury instruction on self-defense].” Anderson, 2016-NMCA-007, ¶ 14 . 2019Anderson, 2016-NMCA-007, ¶ 14 ; see also UJI 14-5171 NMRA (listing as an element of self-defense that “[a] reasonable person in the same circumstances as the defendant would have acted as the defendant did”). | 2 | 2019–2019 |
State v. Wilson
green
2 sentences2024See Andrade, 1998-NMCA-031, ¶¶ 2-11 (affirming a district court’s rejection of the defendant’s tendered jury instruction because the only evidentiary basis for the instruction would require the jury to engage in “unrealistic mental gymnastics, picking and choosing portions of testimony from witnesses who totally contradicted one another”); State v. Wilson, 1993-NMCA-074 , ¶¶ 15-18, 117 N.M. 11 , 868 P.2d 656 (holding that a tendered lesser-included offense instruction was properly rejected where the defendant argued that a composite version of select portions of victim’s and defendant’s contra 2024See Andrade, 1998-NMCA-031, ¶¶ 2-11 (affirming a district court’s rejection of the defendant’s tendered jury instruction because the only evidentiary basis for the instruction would require the jury to engage in “unrealistic mental gymnastics, picking and choosing portions of testimony from witnesses who totally contradicted one another”); State v. Wilson, 1993-NMCA-074 , ¶¶ 15-18, 117 N.M. 11 , 868 P.2d 656 (holding that a tendered lesser-included offense instruction was properly rejected where the defendant argued that a composite version of select portions of victim’s and defendant’s contra | 1 | 2024–2024 |
State v. Adamo
green
2 sentences2019See id. ¶¶ 35-37 (determining that there was no error in the district court’s failure to submit a no-retreat instruction where the evidentiary basis for the instruction was not laid and the defendant did not argue that he had no duty to retreat); State v. Adamo, 2018-NMCA-013, ¶ 27 , 409 P.3d 1002 (“Since there was no reversible error, it follows that there was no fundamental error in the instructions.”). 2019See id. ¶¶ 35-37 (determining that there was no error in the district court’s failure to submit a no-retreat instruction where the evidentiary basis for the instruction was not laid and the defendant did not argue that he had no duty to retreat); State v. Adamo, 2018-NMCA-013, ¶ 27 , 409 P.3d 1002 (“Since there was no reversible error, it follows that there was no fundamental error in the instructions.”). | 1 | 2019–2019 |
Kilgore v. FUJI HEAVY INDUSTRIES LTD.
green
2 sentences2017Ltd., 2009-NMCA-078, ¶ 45 , 146 11 N.M. 698 , 213 P.3d 1127 . 2017Ltd., 2009-NMCA-078, ¶ 45 , 146 11 N.M. 698 , 213 P.3d 1127 . | 1 | 2017–2017 |
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.