cumulative error requires reversal doctrine in New Mexico

47 New Mexico opinions name it 2 courts 1998–2024 9 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 (7)

Case	Followed	Cited
State v. Martingreen nm · 1984 · cited in 2 New Mexico opinions naming this issue, 1998–2010 2 sentences 2010State v. Martin, 5 101 N.M. 595, 600-01 , 686 P.2d 937, 942-43 (1984). 2010State v. Martin, 5 101 N.M. 595, 600-01 , 686 P.2d 937, 942-43 (1984).	2	2
State v. Woodwardgreen nm · 1995 · cited in 7 New Mexico opinions naming this issue, 2008–2023 2 sentences 2023“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , ¶ 59, 129 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted). 2018“The doctrine of cumulative error requires reversal of a 12 defendant’s conviction[s] when the cumulative impact of errors which occurred at trial 13 was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 14 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and 15 citation omitted), aff’d in part, rev’d in part sub nom on other grounds by Woodward 16 v. Williams, 263 F.3d 1135, 1143 (10th Cir. 2001).	1	7
State v. Trujillogreen nm · 2002 · cited in 5 New Mexico opinions naming this issue, 2011–2023 2 sentences 2023See State v. Gwynne, 2018- NMCA-033, ¶ 41, 417 P.3d 1157 (“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” (internal quotation marks and citation omitted)); see also State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (holding that the doctrine of cumulative error may not be successfully invoked if the record as a whole demonstrates that the defendant received a fair trial). {6} Defendant fourthly addresses, as instruct 2023See State v. Gwynne, 2018- NMCA-033, ¶ 41, 417 P.3d 1157 (“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” (internal quotation marks and citation omitted)); see also State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (holding that the doctrine of cumulative error may not be successfully invoked if the record as a whole demonstrates that the defendant received a fair trial). {6} Defendant fourthly addresses, as instruct	1	5
State v. Gwynnegreen nmctapp · 2018 · cited in 1 New Mexico opinions naming this issue, 2023–2023 1 sentence 2023See State v. Gwynne, 2018- NMCA-033, ¶ 41, 417 P.3d 1157 (“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” (internal quotation marks and citation omitted)); see also State v. Trujillo, 2002-NMSC-005, ¶ 63 , 131 N.M. 709 , 42 P.3d 814 (holding that the doctrine of cumulative error may not be successfully invoked if the record as a whole demonstrates that the defendant received a fair trial). {6} Defendant fourthly addresses, as instruct	1	1
Woodward v. Williamsgreen ca10 · 2001 · cited in 1 New Mexico opinions naming this issue, 2018–2018 1 sentence 2018“The doctrine of cumulative error requires reversal of a 12 defendant’s conviction[s] when the cumulative impact of errors which occurred at trial 13 was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 14 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and 15 citation omitted), aff’d in part, rev’d in part sub nom on other grounds by Woodward 16 v. Williams, 263 F.3d 1135, 1143 (10th Cir. 2001).	1	1
Muse v. Musegreen nmctapp · 2008 · cited in 1 New Mexico opinions naming this issue, 2014–2014 2 sentences 2014See Muse v. Muse, 2009-NMCA-003, ¶ 72 , 145 N.M. 451 , 200 P.3d 104 18 (“We will not search the record for facts, arguments, and rulings in order to support 19 generalized arguments.”). 12 1 F. Cumulative Error 2 {21} Defendant argues that the doctrine of cumulative error requires reversal. 2014See Muse v. Muse, 2009-NMCA-003, ¶ 72 , 145 N.M. 451 , 200 P.3d 104 18 (“We will not search the record for facts, arguments, and rulings in order to support 19 generalized arguments.”). 12 1 F. Cumulative Error 2 {21} Defendant argues that the doctrine of cumulative error requires reversal.	1	1
State v. Diazgreen nmctapp · 1983 · cited in 1 New Mexico opinions naming this issue, 1998–1998 2 sentences 1998See State v. Martin, 101 N.M. 595, 601 , 686 P.2d 937, 943 (1984); State v. Diaz, 100 N.M. 210, 215 , 668 P.2d 326, 331 (Ct.App.1983). 1998See State v. Martin, 101 N.M. 595, 601 , 686 P.2d 937, 943 (1984); State v. Diaz, 100 N.M. 210, 215 , 668 P.2d 326, 331 (Ct.App.1983).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
State v. Duffy green nm · 1998 2 sentences 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6. {21} Viewing the record as a whole, it is clear Defendant received a fair trial. 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6. {21} Viewing the record as a whole, it is clear Defendant received a fair trial.	29	2005–2024
State v. Tollardo green nm · 2012 2 sentences 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by Tollardo, 2012-NMSC-008 , ¶ 37 n.6. {21} Viewing the record as a whole, it is clear Defendant received a fair trial. 2024“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Duffy, 1998-NMSC 014, ¶ 29, 126 N.M. 132 , 967 P.2d 807 , overruled on other grounds by State v. Tollardo, 2012-NMSC-008 , ¶ 37 n.6, 275 P.3d 110 .	14	2013–2024
State v. Gallegos green nm · 2007 2 sentences 2015Because we conclude 18 that Defendant has not demonstrated good cause under Moore, we deny the motion 19 to amend the docketing statement. 8 1 {11} Last, Defendant argues there was cumulative error that deprived him of his right 2 to a fair trial. [MIO 13] “The doctrine of cumulative error requires reversal when a 3 series of lesser improprieties throughout a trial are found, in aggregate, to be so 4 prejudicial that the Defendant was deprived of the constitutional right to a fair trial.” 5 State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , modified on other 6 grounds by State 2015Because we conclude 18 that Defendant has not demonstrated good cause under Moore, we deny the motion 19 to amend the docketing statement. 8 1 {11} Last, Defendant argues there was cumulative error that deprived him of his right 2 to a fair trial. [MIO 13] “The doctrine of cumulative error requires reversal when a 3 series of lesser improprieties throughout a trial are found, in aggregate, to be so 4 prejudicial that the Defendant was deprived of the constitutional right to a fair trial.” 5 State v. Duffy, 1998-NMSC-014, ¶ 29 , 126 N.M. 132 , 967 P.2d 807 , modified on other 6 grounds by State	12	2009–2015
State v. Aragon green nmctapp · 1999 2 sentences 2023If there is no error, “there is no cumulative error.” State v. Aragon, 1999-NMCA-060, ¶ 19 , 127 N.M. 393 , 981 P.2d 1211 . 2023If there is no error, “there is no cumulative error.” State v. Aragon, 1999-NMCA-060, ¶ 19 , 127 N.M. 393 , 981 P.2d 1211 .	6	2009–2023
State v. Guerra green nm · 2012 2 sentences 2022CUMULATIVE ERROR {8} Defendant claims that the two alleged jury instruction errors amounted to cumulative error. [BIC 13] “The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Guerra, 2012-NMSC-014, ¶ 47 , 278 P.3d 1031 (internal quotation marks and citation omitted). 2021“The doctrine of cumulative error requires reversal when a series of lesser improprieties throughout a trial are found, in aggregate, to be so prejudicial that the defendant was deprived of the constitutional right to a fair trial.” State v. Guerra, 2012-NMSC-014, ¶ 47 , 278 P.3d 1031 (internal quotation marks and citation omitted).	5	2015–2024
State v. Samora green nm · 2013 2 sentences 2024Cumulative Error {50} Finally, Defendant argues that because “there were substantial errors through[]out this case, the doctrine of cumulative error requires reversal.” We have concluded no error occurred, and “[w]here there is no error to accumulate, there can be no cumulative error.” See State v. Samora, 2013-NMSC-038, ¶ 28 , 307 P.3d 328 (alteration, internal quotation marks, and citation omitted). 2015Accordingly, we affirm his tampering conviction. 16 F. Cumulative Error 17 {64} “‘The doctrine of cumulative error requires reversal of a defendant’s conviction 18 when the cumulative impact of errors which occurred at trial was so prejudicial that 35 1 the defendant was deprived of a fair trial.’” State v. Samora, 2013-NMSC-038, ¶ 28 , 2 307 P.3d 328 (citation omitted).	3	2015–2024
State v. Montoya green nm · 2014 2 sentences 2016Cumulative Error 4 {48} “The doctrine of cumulative error requires reversal of a defendant’s conviction 5 when the cumulative impact of errors which occurred at trial was so prejudicial that 6 the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , 7 ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted), 8 abrogated on other grounds as recognized by State v. Montoya, 2014-NMSC-032 , 9 333 P.3d 935 . 10 {49} The district court committed numerous errors in this case. 2016Cumulative Error {48} “The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , ¶ 59, 121 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted), abrogated on other grounds as recognized by State v. Montoya, 2014-NMSC-032 , 333 P.3d 935 . {49} The district court committed numerous errors in this case.	2	2016–2016
PNM Gas Services v. New Mexico Public Utility Commission green nm · 2000 1 sentence 2023“The doctrine of cumulative error requires reversal of a defendant’s conviction when the cumulative impact of errors which occurred at trial was so prejudicial that the defendant was deprived of a fair trial.” State v. Woodward, 1995-NMSC-074 , ¶ 59, 129 N.M. 1 , 908 P.2d 231 (internal quotation marks and citation omitted).	1	2023–2023
State v. Moore green nmctapp · 1975 2 sentences 2023Defendant argues that under this Court’s holding in State v. Moore, 1975-NMCA-042 , 87 N.M. 412 , 534 P.2d 1124 (addressing circumstances in which a new trial may be warranted based upon an inaudible trial record), the partially incomplete audio record of trial requires reversal of his conviction and a new trial. 2023Defendant argues that under this Court’s holding in State v. Moore, 1975-NMCA-042 , 87 N.M. 412 , 534 P.2d 1124 (addressing circumstances in which a new trial may be warranted based upon an inaudible trial record), the partially incomplete audio record of trial requires reversal of his conviction and a new trial.	1	2023–2023
State v. Stills green nm · 1998 2 sentences 2023It will not be applied if “the record as a whole demonstrates that the defendant received a fair trial.” State v. Stills, 1998-NMSC-009, ¶ 51 , 125 N.M. 66 , 957 P.2d 51 (internal quotation marks and citation omitted). 2023It will not be applied if “the record as a whole demonstrates that the defendant received a fair trial.” State v. Stills, 1998-NMSC-009, ¶ 51 , 125 N.M. 66 , 957 P.2d 51 (internal quotation marks and citation omitted).	1	2023–2023
State v. Belanger green nm · 2009 2 sentences 2015“The doctrine of cumulative error . . . ‘cannot [be] 3 invoke[d] if the record as a whole demonstrates that [the defendant] received a fair 4 trial.’” Id. (alterations in original) (citations omitted). “[W]here there is no error to 5 accumulate, there can be no cumulative error.” State v. Saiz, 2008-NMSC-048, ¶ 66 , 6 144 N.M. 663 , 191 P.3d 521 , abrogated on other grounds by State v. Belanger, 7 2009-NMSC-025 , ¶ 36 n.1, 146 N.M. 357 , 210 P.3d 783 . 2015“The doctrine of cumulative error . . . ‘cannot [be] 3 invoke[d] if the record as a whole demonstrates that [the defendant] received a fair 4 trial.’” Id. (alterations in original) (citations omitted). “[W]here there is no error to 5 accumulate, there can be no cumulative error.” State v. Saiz, 2008-NMSC-048, ¶ 66 , 6 144 N.M. 663 , 191 P.3d 521 , abrogated on other grounds by State v. Belanger, 7 2009-NMSC-025 , ¶ 36 n.1, 146 N.M. 357 , 210 P.3d 783 .	1	2015–2015
State v. Saiz red nm · 2008 2 sentences 2015“The doctrine of cumulative error . . . ‘cannot [be] 3 invoke[d] if the record as a whole demonstrates that [the defendant] received a fair 4 trial.’” Id. (alterations in original) (citations omitted). “[W]here there is no error to 5 accumulate, there can be no cumulative error.” State v. Saiz, 2008-NMSC-048, ¶ 66 , 6 144 N.M. 663 , 191 P.3d 521 , abrogated on other grounds by State v. Belanger, 7 2009-NMSC-025 , ¶ 36 n.1, 146 N.M. 357 , 210 P.3d 783 . 2015“The doctrine of cumulative error . . . ‘cannot [be] 3 invoke[d] if the record as a whole demonstrates that [the defendant] received a fair 4 trial.’” Id. (alterations in original) (citations omitted). “[W]here there is no error to 5 accumulate, there can be no cumulative error.” State v. Saiz, 2008-NMSC-048, ¶ 66 , 6 144 N.M. 663 , 191 P.3d 521 , abrogated on other grounds by State v. Belanger, 7 2009-NMSC-025 , ¶ 36 n.1, 146 N.M. 357 , 210 P.3d 783 .	1	2015–2015

Statutes the citing opinions construe

NM § N.M. Stat. § 30-9-11 (9) NM § N.M. Stat. § 30-22-5 (7) NM § N.M. Stat. § 30-2-1 (6) NM § N.M. Stat. § 30-9-13 (6) NM § N.M. Stat. § 30-16-2 (5) NM § N.M. Stat. § 30-4-1 (5) NM § N.M. Stat. § 30-16D-1 (3) NM § N.M. Stat. § 30-28-1 (3) NM § N.M. Stat. § 30-28-2 (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

NM 47 (1998–2024) MT 4 (2004–2014) WY 2 (2007–2012) ID 2 (2016–2016)

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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