[DOWNLOAD] "State v. Salgado" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Salgado
- Author : New Mexico Court of Appeals
- Release Date : January 23, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
July 1, 1990, was the effective date of the amendment to SCRA 1986, 12-213(A)(3), appearing in the 1990 cumulative supplement to judicial pamphlet 12. See In re the Amendment of the Rules of Appellate Procedure, Supreme Court Order No. 8000 Misc. (March 7, 1990). Rule 12-213(A)(3), as it now reads, does not limit briefs (which are filed only in cases on a non-summary calendar) to issues in the docketing statement Cf. SCRA 1986, 12-213(A)(3) (Orig. Pamp.) ("A party shall be restricted to arguing only issues contained in the docketing statement."). Thus, the docketing statement no longer governs the issues that may be raised on a non-summary calendar. See Gallegos v. Citizens Inc. Agency, 108 N.M. 722, 731, 779 P.2d 99, 108 (1989) (even before the rule change, supreme court would not automatically deny review to issues raised for the first time in the brief-in-chief). The rule change overrules our prior decisions regarding amendments to the docketing statement in cases on a non-summary calendar. See, e.g., State v. Moore, 109 N.M. 119, 128-30, 782 P.2d 91, 100-02 (Ct. App. 1989).