Legal Opinion

Cook v. Anding

New Mexico Supreme Court

Decided June 4, 2008No. 30,148, 30,169PublishedCited by 11 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} In this case, we determine the proper application of NMSA 1978, Section 38-3-3(A) (2003), which mandates a change of venue “whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties.” The district court granted Plaintiffs’ motion for change of venue under Section 38-3-3(A) based on the recusal of three Eleventh Judicial District Court judges. Interpreting Section 38-3-3(A) in its historical context, we hold that the Legislature intended Section 38-3-3(A) to apply to the single-judge districts of the…

2Cases cited9 opinions

  1. State v. RiveraNew Mexico Supreme Court · 2003
  2. State v. HernandezNew Mexico Supreme Court · 1993
  3. McCauley v. RayNew Mexico Supreme Court · 1968
  4. New Mexico Industrial Energy Consumers v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2007
  5. State v. CleveNew Mexico Supreme Court · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. SuazoNew Mexico Supreme Court · 2017
  2. City of Las Cruces v. SanchezNew Mexico Supreme Court · 2009
  3. Tri-State Generation & Transmission Ass'n v. D'AntonioNew Mexico Court of Appeals · 2010
  4. Badilla v. Wal-Mart Stores East Inc.New Mexico Supreme Court · 2015
  5. Bianco v. Horror One ProductionsNew Mexico Supreme Court · 2009

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API