6 New Mexico opinions name it 1 courts 2004–2015 0 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 |
|---|---|---|
Archuleta v. Santa Fe Police Department Ex Rel. City of Santa Fegreen2 sentences2013See Archuleta, 2005-NMSC-006, ¶ 32 . 2013See Archuleta, 2005-NMSC-006, ¶ 32 . | 2 | 2 |
State Ex Rel. Children, Youth & Families Department v. Ruth Anne E.green2 sentences2007Although Father acknowledges that he had an interpreter at every court hearing, and thus some opportunity to be heard, he contends that the failure to translate documents deprived him of adequate notice. {39} At the outset, we note that “[d]ue process is not an abstract or static principle unrelated to time, place and circumstances.” Id. ¶ 37 (internal quotation marks and citation omitted). “[PJrocedural due process is a flexible right and the amount of process due depends on the particular circumstances of each case.” Ruth Anne E., 1999-NMCA-035 , ¶ 17. 2004See Lorena R., 1999-NMCA-035, ¶ 26 , 126 N.M. 670 , 974 P.2d 164 . {27} To be heard at a “meaningful time” in the context of a multi-stage criminal proceeding, both the United States Supreme Court and the New Mexico Supreme Court have recognized that due process attaches at critical stages in the proceedings. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State Ex Rel. Children, Youth & Families Department v. Maria C.
green
2 sentences2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: (1) adequate notice of the charges or basis for government action; (2) a neutral decision-m 2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: 6 (1) adequate notice of the charges or basis for government action; (2) a neutral decision | 3 | 2007–2015 |
Titus v. City of Albuquerque
green
2 sentences2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: (1) adequate notice of the charges or basis for government action; (2) a neutral decision-m 2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: (1) adequate notice of the charges or basis for government action; (2) a neutral decision-m | 2 | 2015–2015 |
Titus v. City of Albuquerque
green
2 sentences2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: (1) adequate notice of the charges or basis for government action; (2) a neutral decision-m 2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: 6 (1) adequate notice of the charges or basis for government action; (2) a neutral decision | 2 | 2015–2015 |
Bd. of Educ. of Carlsbad v. Harrell
green
2 sentences2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: (1) adequate notice of the charges or basis for government action; (2) a neutral decision-m 2015This includes a right to be heard in a meaningful manner, which “generally includes an opportunity to review and present evidence, confront and cross examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” Maria C., 2004-NMCA-083, ¶ 26 . {25} In Titus v. City of Albuquerque, 2011-NMCA-038, ¶ 42 , 149 N.M. 556 , 252 P.3d 780 , we stated that essential elements of the adversary process, some or all of which may be required as part of the due process afforded, include: (1) adequate notice of the charges or basis for government action; (2) a neutral decision-m | 2 | 2015–2015 |
State Ex Rel. Children, Youth & Families Department v. William M.
green
2 sentences2013Children, Youth & Families Dep’t v. William M., 2007-NMCA-055, ¶ 37 , 141 N.M. 765 , 161 P.3d 262 (“A meaningful opportunity to be heard includes an opportunity to review and present evidence, confront and cross[-]examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” (internal quotation marks and citation omitted)). {34} In regard to the due process balancing test, Appellant asserts and the Department does not dispute that the interests of the Department and Appellant were equally balanced. 2013Children, Youth & Families Dep’t v. William M., 2007-NMCA-055, ¶ 37 , 141 N.M. 765 , 161 P.3d 262 (“A meaningful opportunity to be heard includes an opportunity to review and present evidence, confront and cross[-]examine witnesses, and consult with counsel, either by way of an informal or formal hearing.” (internal quotation marks and citation omitted)). {34} In regard to the due process balancing test, Appellant asserts and the Department does not dispute that the interests of the Department and Appellant were equally balanced. | 2 | 2013–2013 |
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.