unrebutted presumption (New Mexico) · Go Syfert
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unrebutted presumption in New Mexico

6 New Mexico opinions name it 1 courts 2022–2025 6 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 (1)

CaseFollowedCited
Chatterjee v. Kinggreen
nm · 2012 · cited in 2 New Mexico opinions naming this issue, 2022–2022
2 sentences

2022See § 40-11A-602 (stating that a person whose parentage 10 of the child is to be adjudicated has standing to maintain a proceeding under the 11 NMUPA); Griego v. Oliver, 2014-NMSC-003, ¶ 6 , 316 P.3d 865 (recognizing that 12 “the State of New Mexico is constitutionally required to allow same-gender couples 13 to marry”); see also Chatterjee, 2012-NMSC-019, ¶ 9 (construing the prior version 14 of the NMUPA to afford standing to “[a]ny person who is able to establish presumed 15 natural parenthood”). 16 {12} An unrebutted presumption of parentage conclusively establishes the parent- 17 child rel

2022See § 40-11A-602 (stating that a person whose parentage of the child is to be adjudicated has standing to maintain a proceeding under the NMUPA); Griego v. Oliver, 2014-NMSC-003, ¶ 6 , 316 P.3d 865 (recognizing that “the State of New Mexico is constitutionally required to allow same-gender couples to marry”); see also Chatterjee, 2012-NMSC-019, ¶ 9 (construing the prior version of the NMUPA to afford standing to “[a]ny person who is able to establish presumed natural parenthood”). {12} An unrebutted presumption of parentage conclusively establishes the parent- child relationship.

22

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 (3)

CaseCitedYears
State v. Reed green
nmctapp · 2021
2 sentences

2025Accordingly, we proceed on the unrebutted presumption that the conduct for the aggravated assault with intent to kill and kidnapping charges was unitary. {23} We therefore proceed to the second Swafford prong: “whether the Legislature intended to create separately punishable offenses.” State v. Reed, 2022-NMCA-025, ¶ 8 , 510 P.3d 1261 (text only) (citation omitted).

2025Accordingly, we proceed on the unrebutted presumption that the conduct for the aggravated assault with intent to kill and kidnapping charges was unitary. {23} We therefore proceed to the second Swafford prong: “whether the Legislature intended to create separately punishable offenses.” State v. Reed, 2022-NMCA-025, ¶ 8 , 510 P.3d 1261 (text only) (citation omitted).

22025–2025
Soon v. Kammann neutral
nmctapp · 2022
2 sentences

2024“An unrebutted presumption of parentage conclusively establishes the parent-child relationship.” Soon v. Kammann, 2022-NMCA-066 , ¶ 12, 521 P.3d 110 , cert. granted, 2022-NMCERT-010 (S-1-SC-39544).

2024“An unrebutted presumption of parentage conclusively 19 establishes the parent-child relationship.” Soon v. Kammann, 2022-NMCA-066 , 20 ¶ 12, 521 P.3d 110 , cert. granted, 2022-NMCERT-010 (S-1-SC-39544).

22024–2024
Griego v. Oliver green
nm · 2013
2 sentences

2022See § 40-11A-602 (stating that a person whose parentage 10 of the child is to be adjudicated has standing to maintain a proceeding under the 11 NMUPA); Griego v. Oliver, 2014-NMSC-003, ¶ 6 , 316 P.3d 865 (recognizing that 12 “the State of New Mexico is constitutionally required to allow same-gender couples 13 to marry”); see also Chatterjee, 2012-NMSC-019, ¶ 9 (construing the prior version 14 of the NMUPA to afford standing to “[a]ny person who is able to establish presumed 15 natural parenthood”). 16 {12} An unrebutted presumption of parentage conclusively establishes the parent- 17 child rel

2022See § 40-11A-602 (stating that a person whose parentage of the child is to be adjudicated has standing to maintain a proceeding under the NMUPA); Griego v. Oliver, 2014-NMSC-003, ¶ 6 , 316 P.3d 865 (recognizing that “the State of New Mexico is constitutionally required to allow same-gender couples to marry”); see also Chatterjee, 2012-NMSC-019, ¶ 9 (construing the prior version of the NMUPA to afford standing to “[a]ny person who is able to establish presumed natural parenthood”). {12} An unrebutted presumption of parentage conclusively establishes the parent- child relationship.

22022–2022

Statutes the citing opinions construe

NM § N.M. Stat. § 40-11-5 (4) NM § N.M. Stat. § 40-11A-106 (4) NM § N.M. Stat. § 40-11A-201 (4) NM § N.M. Stat. § 40-11A-204 (4) NM § N.M. Stat. § 40-11A-601 (4) NM § N.M. Stat. § 40-11A-602 (4) NM § N.M. Stat. § 40-11A-608 (4) NM § N.M. Stat. § 40-11A-621 (4) NM § N.M. Stat. § 40-11A-631 (4) NM § N.M. Stat. § 40-11A-101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 10 (1969–2019) FL 9 (2000–2025) NY 7 (1943–2025) NC 6 (1904–2020) NM 6 (2022–2025) CA 6 (1986–2023) TX 5 (1989–2015) OH 4 (2006–2016) MA 3 (1977–2026) IL 3 (1975–1984) WV 2 (1996–1999) AZ 2 (1999–2019) GA 2 (1988–1996) SD 2 (2012–2012) WA 2 (1914–2026)

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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