Gallegos v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the purpose of the Rule 5-608(D) language \is to allow the court an opportunity to decide a question whose dimensions are not open to conjecture or after-the-fact interpretation\
• concluding that the purpose of the Rule 5-608(D) language “is to allow the court an opportunity to decide a question whose dimensions are not open to conjecture or after-the-fact interpretation”
• holding that a 11 defendant may offer a modified uniform jury instruction on a lesser-included offense 12 and, “[i]f the court believes no modification is appropriate, the court should instruct 13 in the exact language of the uniform jury instruction”
• “The party requesting the modification can preserve error by alerting the mind of the court to any vice claimed to be present in the uniform jury instruction.”
• \The party requesting the modification can preserve error by alerting the mind of the court to any vice claimed to be present in the uniform jury instruction.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• State v. Salazar
  New Mexico Supreme Court· 1997-09-03· cited 228×
• Santillanes v. State
  New Mexico Supreme Court· 1993-03-01· cited 142×
• State v. Jernigan
  New Mexico Supreme Court· 2005-12-16· cited 91×
• State v. Villa
  New Mexico Supreme Court· 2004-09-09· cited 72×
• State v. Hill
  New Mexico Court of Appeals· 2001-10-04· cited 62×
• State v. Gaitan
  New Mexico Supreme Court· 2002-02-22· cited 55×
• State v. Diaz
  New Mexico Court of Appeals· 1995-10-30· cited 47×
• Simmons v. State
  Court of Criminal Appeals of Texas· 2003-07-02· cited 46×
• State v. Cavanaugh
  New Mexico Court of Appeals· 1993-12-06· cited 29×
• State v. Badoni
  New Mexico Court of Appeals· 2002-11-27· cited 19×
• State v. Harris
  Supreme Court of Louisiana· 1998-03-06· cited 17×
• Kennedy v. Dexter Consolidated Schools
  New Mexico Court of Appeals· 1998-04-02· cited 8×
• State v. DENZEL B.
  New Mexico Court of Appeals· 2008-05-07· cited 7×
• State v. Villa
  New Mexico Court of Appeals· 2003-12-02· cited 5×
• State v. Galindo
  New Mexico Supreme Court· 2023-12-04· cited 1×