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State v. House

Citations

  • 978 P.2d 967
  • 127 N.M. 151
  • 1999 NMSC 014

How courts have described this case

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

  • recognizing that “the State bears a greater burden of proof” to change venue over the defendant’s objection from the county where the crime occurred
  • recognizing distinction between actual, presumed prejudice
  • \The trial court and all the participants ... were well aware that Taos County has a 6.5% Native American adult population while Doña Ana County has only about 0.8%.\
  • “The trial court and all the participants ... were well aware that Taos County has a 6.5% Native American adult population while Doña Ana County has only about 0.8%.”
  • “By referring to the movant as an unspecified ‘party,’ this statute grants to both the defendant and the State the right to seek a change of venue.”
  • “Another important factor that would prove abuse of discretion in a venue determination is a showing by the complainant that he or she has been prejudiced by the trial court’s decision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baca, Franchini, Joseph, Minzner, Patricio, Paula, Serna

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

89 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.