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New Mexico Statutes

N.M. Stat. § 31-9-3 (2026)

Repealed.

✓ current as of May 2026
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History: Laws 1982, ch. 55, § 1; repealed by Laws 2010, ch. 97, § 1.

                                     ANNOTATIONS

Repeals. — Laws 2010, ch. 97, § 1 repealed 31-9-3 NMSA 1978, as enacted by Laws
1982, ch. 55, § 1, relating to the plea and verdict of guilty but mentally ill in criminal
trials, effective May 19, 2010. For provisions of former section, see the 2009 NMSA
1978 on NMOneSource.com.
Notes of Decisions
Cited in 13 cases, 1983–2010 · leading case: State v. Neely, 819 P.2d 249 (N.M. 1991).
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State v. Neely, 819 P.2d 249 (N.M. 1991). · cites it 32× “[2] NMSA 1978, §§ 31-9-3, -4 (Repl.Pamp. 1984).”
State v. Pierce, 788 P.2d 352 (N.M. 1990). · cites it 32× “THE COURT'S MODIFICATION OF THE UNIFORM INSTRUCTION AND ITS FAILURE TO TRACK THE WORDS OF NMSA 1978, 31-9-3, AS REQUESTED IN DEFENDANT'S INSTRUCTION NO.”
State v. Balderama, 2004 NMSC 8 (N.M. 2004). · cites it 8× “"), I believe that the majority's expansion of the use of evidence of mental illness as a defense to criminal conduct is inconsistent with the legislative intent expressed in Section 31-9-3. I further believe that such a change in New Mexico law relating to evidence of mental…”
State v. Page, 676 P.2d 1353 (N.M. Ct. App. 1984). · cites it 12× “02 was prepared subsequent to the enactment of Section 31-9-3 NMSA 1978 which provides for a finding of “guilty but mentally ill.”
State v. Page, 676 P.2d 1353 (N.M. Ct. App. 1984). · cites it 12× “02 was prepared subsequent to the enactment of Section 31-9-3 NMSA 1978 which provides for a finding of "guilty but mentally ill.”
State v. Rotherham, 923 P.2d 1131 (N.M. 1996). · cites it 4× “" Section 31-9-3(D)(4)(a). It is true that a defendant who has been criminally *1143 committed has exhibited a reduced likelihood in attaining competency to stand trial.”
Neely v. Newton, 149 F.3d 1074 (10th Cir. 1998). · cites it 5× “See N.M. Stat. Ann. § 31-9-3 (E). The jury may return a verdict of GBMI only if it finds beyond a reasonable doubt that the defendant (1) committed the charged offense, (2) was not legally insane 9 at the time of the commission of the offense, and (3) was mentally ill at the…”
Commonwealth v. Trill, 543 A.2d 1106 (Pa. 1988). · cites it 2× “1986); N.M.Stat.Ann. §§ 31-9-3, 31-9-4, (1984); 18 Pa.”
Sanders v. State, 585 A.2d 117 (Del. 1990). “086 ; N.M.Stat. Ann. § 31-9-3; State v. Grimsley, 3 Ohio App.”
State v. Garcia, 659 P.2d 918 (N.M. Ct. App. 1983). “Nothing in the record indicates that defendant was mentally incompetent or incompetent to stand trial or submit to final sentencing, so as to invoke the provisions of N.M.R.Crim.P. 35, N.M.S.A.”
Archie v. State, 875 So. 2d 336 (Ala. Crim. App. 2003). “120 (Michie 1999); N.M. Stat. Ann. § 31-9-3 (Michie 2000); 18 Pa.”
State v. Michaelback (N.M. Ct. App. 2010). · cites it 4× “23 See §§ 31-9-3, -4. 18 1 III. CONCLUSION 2 We reverse the district court’s denial of Defendant’s motion to withdraw his 3 plea and remand this case for further proceedings not inconsistent with this Opinion.”
Show all 13 citing cases →
— N.M. Stat. § 31-9-3(A) — 3 cases
State v. Balderama, 2004 NMSC 8 (N.M. 2004). “"), I believe that the majority's expansion of the use of evidence of mental illness as a defense to criminal conduct is inconsistent with the legislative intent expressed in Section 31-9-3. I further believe that such a change in New Mexico law relating to evidence of mental…”
State v. Neely, 819 P.2d 249 (N.M. 1991). “[2] NMSA 1978, §§ 31-9-3, -4 (Repl.Pamp. 1984).”
State v. Michaelback (N.M. Ct. App. 2010). “23 See §§ 31-9-3, -4. 18 1 III. CONCLUSION 2 We reverse the district court’s denial of Defendant’s motion to withdraw his 3 plea and remand this case for further proceedings not inconsistent with this Opinion.”
— N.M. Stat. § 31-9-3(C) — 1 case
State v. Garcia, 659 P.2d 918 (N.M. Ct. App. 1983). “Nothing in the record indicates that defendant was mentally incompetent or incompetent to stand trial or submit to final sentencing, so as to invoke the provisions of N.M.R.Crim.P. 35, N.M.S.A.”
— N.M. Stat. § 31-9-3(D) — 1 case
State v. Pierce, 788 P.2d 352 (N.M. 1990). “THE COURT'S MODIFICATION OF THE UNIFORM INSTRUCTION AND ITS FAILURE TO TRACK THE WORDS OF NMSA 1978, 31-9-3, AS REQUESTED IN DEFENDANT'S INSTRUCTION NO.”
— N.M. Stat. § 31-9-3(D)(4)(a) — 1 case
State v. Rotherham, 923 P.2d 1131 (N.M. 1996). “" Section 31-9-3(D)(4)(a). It is true that a defendant who has been criminally *1143 committed has exhibited a reduced likelihood in attaining competency to stand trial.”
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