What is the case’s primary holding?

Summarize the court’s rule in one sentence, noting the legal question decided and the narrow factual conditions. Distinguish holdings from dicta, and avoid extending the rule beyond the court’s explicit reasoning when drafting arguments.

How to format the citation in briefs

Follow Bluebook and local New Mexico appellate rules: include full case caption, official citation or reporter-neutral citation, court name, and decision date. If attaching an appendix, include page numbers and certified copies as required by the court.

How to check subsequent treatment of the case

Run citators such as Shepard’s, KeyCite, or state-specific services to locate later appellate decisions. Note whether the case was affirmed, reversed, criticized, or limited, and update arguments accordingly to avoid relying on outdated authority.

Is dicta binding or merely persuasive authority in practice?

Dicta is not binding; it may inform persuasive argument but does not carry the force of the holding. Identify whether language is essential to the decision and explain distinctions when advocating reliance on nonbinding commentary.

How to preserve issues for appeal and citation

Object at trial, obtain on-the-record rulings, and include necessary motions and contemporaneous objections. Preserve the factual record with transcripts and ensure issues are specifically raised to avoid waiver on appellate review.

Attaching sensitive records: HIPAA and privacy considerations

When attaching medical or private records, redact where appropriate, obtain patient authorization if required, and follow HIPAA retention and disclosure rules. Consult local rules about sealing exhibits or filing under restricted access to protect privacy interests.

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State v. Powell, 1992 New Mexico Court of Appeals

State v. Powell, 1992 New Mexico Court of Appeals

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PETITION BY OWNER FOR RESTITUTION

CIVIL FORM 4-904

Supreme Court Approved
January 19, 2005

4-904

[Sections 47-8-42 and 47-8-46 NMSA 1978]

STATE OF NEW MEXICO

COUNTY OF COURT No.

V.

PETITION BY OWNER FOR RESTITUTION
(Uniform Owner-Resident Relations Act)

The plaintiff alleges:

1. Plaintiff is lawfully entitled to possession of the premises located at¹:

New Mexico

2. Defendant entered into possession of the premises under a rental agreement and has breached the terms of the agreement, as follows:

3. Plaintiff gave written notice of

termination

breach of the rental agreement

to defendant on (date), and defendant has failed to remedy the breach.

A copy of the written notice is attached as Exhibit A.

(check and complete if applicable)

4. Defendant is indebted to plaintiff in the sum of $ for unpaid rent, plus $ rent per day to date of restitution, plus damages as determined by the court.

5. Plaintiff holds $ of defendant as a damage deposit under the rental agreement.

6. Plaintiff requests separate trials on the issues of restitution and damages.

Plaintiff requests judgment against defendant, as follows:

1. Immediate possession of the premises;

2. Unpaid rent of $ plus $ per day to date of restitution;

3. Damages as may be determined by the court;

4. Costs of this action;

5. Reasonable attorneys fees;

6. A civil penalty as provided by law;

7. Such other relief as the court may deem reasonable.

Dated:

USE NOTES

1. If the leased premises is an apartment, include the name of the apartments and the apartment number.

2. The owner must bring a copy of any written rental agreement to court for the hearing on the petition for restitution.

[As amended, effective March 21, 2005.]

What State v. Powell, 1992 New Mexico Court of Appeals is and why it matters

State v. Powell, 1992 New Mexico Court of Appeals is a published appellate opinion from the New Mexico Court of Appeals. This page summarizes the case’s procedural posture, citation practice, and guidance for legal research and citation. It explains when and how practitioners may rely on the opinion, how to assess its precedential weight, and practical steps to confirm subsequent treatment such as citing and Shepardizing. The content emphasizes U.S. legal citation norms, state-specific rules, and conservative practice when applying appellate authority in briefs, motions, or court filings.

Why this opinion is useful for New Mexico practice

State v. Powell, 1992 New Mexico Court of Appeals is relevant when assessing precedential value of state appellate rulings; understanding its procedural posture helps counsel predict how courts and tribunals may treat similar facts, statutory interpretation, or evidentiary questions in New Mexico litigation.

Who commonly consults this opinion and how they use it

Practitioners, researchers, and judges consult State v. Powell when reviewing New Mexico appellate precedent and crafting legal arguments tied to state law.

Private attorneys using state precedent for motions, appeals, and trial strategy.
Law clerks and legal researchers checking citation history and subsequent treatment.
Judges and administrative tribunals referencing controlling or persuasive authority in New Mexico.

Six core elements to check when analyzing State v. Powell

Six core elements help you interpret and apply State v. Powell: procedural posture, factual summary, legal issues, reasoning, holding, and limits on application.

Procedural Posture

Identify the court, docket history, whether the appeal followed trial, motions and rulings below, and the standard of review the appellate court applied on legal and factual questions.

Facts

Summarize the material facts, chronology, witness evidence relied on, and which facts the court treated as decisive compared with party assertions.

Issues

List the precise legal questions presented and note whether issues were preserved or raised for the first time on appeal.

Reasoning

Analyze the court’s statutory and case-law analysis, key precedent cited, and any policy considerations or interpretive methods used in reasoning.

Holding

Extract the narrow holding tied to the facts and legal rule, and record any express exceptions or limitations stated by the court.

Limitations

Note dicta versus holding, scope limits the opinion indicates, and whether the court invited further development by higher courts.

Essential case metadata to record

Case Name: State v. Powell (1992) Court of Appeals

Citation: Use the official reporter or appellate citation when available

Court: New Mexico Court of Appeals

Decision Date: Year 1992; confirm exact calendar date before filing

Docket Number: Include appellate docket or case number if known

Legal Topics: List primary issues: procedural, evidentiary, statutory

Step-by-step method to evaluate and use the opinion

Follow these steps to evaluate State v. Powell’s relevance for briefs, motions, or judicial argument in New Mexico litigation.

01

Read the opinion: Note facts, issues, holding, and reasoning.
02

Check subsequent history: Shepardize or KeyCite for treatment and citing cases.
03

Compare facts: Assess factual similarity before relying on rule.
04

Draft argument: Limit claim to holding; anticipate distinguishable facts.

Where to locate, cite, and include the opinion in filings

Practical routing: locate the opinion, confirm citation, and include it in briefs, motions, or appellate appendices as required by court rules.

Locate text: Search official reporters, court databases, or state archives.
Confirm citation: Use Bluebook and local rule citation formats.
File with brief: Attach as appendix or cite on the merits.
Serve parties: Provide copies per local service and filing rules.

Set up a consistent citation and filing workflow

Set up your citation workflow and electronic filing steps to ensure consistent citation, appendix assembly, and compliance with New Mexico appellate filing rules.

Field	Configuration
Case Name	Use full caption as in opinion
Pinpoint Citation	Include page or paragraph references
Appendix	Include certified copies or PDF pages
Service	File and serve per NM Appellate Rules

File formats, portals, and integrations to consider

Electronic access and compatible file formats matter when submitting judicial filings or sharing opinions in briefs and practice management systems.

Accepted Formats: PDF/A preferred; PDF and DOCX acceptable.
E-filing Portals: Use state court e-filing portal or clerk system.
Document Size: Follow court limits for attachments and appendix.

Timing considerations when relying on or filing with the opinion

Key timing considerations include preservation of error, filing deadlines for appeals, and citation of recent treatment before deadlines expire.

Preserve legal issue on trial record:

Make timely objections and trial motions; ask for rulings.

Appellate filing and brief deadlines in NM:

File notice of appeal and opening brief per NM appellate schedule.

Confirm subsequent history and negative treatment:

Shepardize or KeyCite to confirm affirmance, reversal, or criticism.

Assemble appendix pages and PDF attachments:

Include passages cited and required certified portions only.

Update all citations before final filing:

Check for newly reported decisions or rule changes before submission.

Common mistakes to avoid when relying on an appellate opinion

Overreading dicta as binding law leads to misapplied precedent; distinguish clearly between holding and commentary in the opinion before asserting rule breadth.
Failing to Shepardize or check subsequent appellate treatment risks citing overruled or criticized language; verify current precedential weight before reliance in briefs.
Using factually dissimilar passages as controlling precedent without explaining material differences invites easy judicial distinction and weakens appellate arguments.
Neglecting local rules on appendix content or citation format can cause brief rejection or sanctions; follow NM Appellate Rules carefully.

Risks and professional consequences of incorrect citation or reliance

Citation Error: Risk of misstatement or sanction

Waiver: Argument waived if not preserved

Weak Persuasion: Court will distinguish or decline

Motion Denial: Relief denied for improper authorities

Professional Sanctions: Possible sanctions for reckless mis-citation

Wasted Time: Costs and delay in proceedings

Illustrative use cases showing how practitioners reference State v. Powell

Use cases show how State v. Powell may support briefing, appellate strategy, or legal research in common practice contexts.

Appellate Brief Example

A defense attorney cites State v. Powell to challenge a trial court’s evidentiary ruling on admissibility of a key document.

Issue closely parallels facts in the record.
The brief limits reliance to the opinion’s holding, contrasts distinguishing facts, and submits an alternative standard of review; the appellate panel's response clarifies whether the precedent controls or remains persuasive authority.

Research Memo Example

A law clerk prepares a memo assessing whether State v. Powell supports a statutory construction claim in ongoing litigation with similar statutes.

Shepardizing shows mixed treatment in later appeals.
The memo recommends limited reliance, suggests additional controlling authority to bolster the argument, and advises counsel to update citations before filing given the mixed subsequent history documented in legal research services.

Electronic signature terms: electronic signature versus digital signature

Contrast electronic signatures with cryptographic digital signatures to clarify legal effects and technical differences for evidentiary uses.

Criteria	Electronic Signature	Digital Signature
Definition	broad category	pki-based method
Legal Standard	esign/ueta	strong non-repudiation
Common Use	click-to-sign	certificate-backed
Forensic Weight	audit trail	cryptographic verification

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High-level vendor pricing and feature comparison focused on signNow and common e-sign competitors for basic procurement decisions.

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Frequently asked questions about interpreting and citing State v. Powell

Frequently asked questions on interpreting, citing, and applying State v. Powell, including research, filing, and preservation concerns.

Need help? Contact support

What is the case’s primary holding?
Summarize the court’s rule in one sentence, noting the legal question decided and the narrow factual conditions. Distinguish holdings from dicta, and avoid extending the rule beyond the court’s explicit reasoning when drafting arguments.
How to format the citation in briefs
Follow Bluebook and local New Mexico appellate rules: include full case caption, official citation or reporter-neutral citation, court name, and decision date. If attaching an appendix, include page numbers and certified copies as required by the court.
How to check subsequent treatment of the case
Run citators such as Shepard’s, KeyCite, or state-specific services to locate later appellate decisions. Note whether the case was affirmed, reversed, criticized, or limited, and update arguments accordingly to avoid relying on outdated authority.
Is dicta binding or merely persuasive authority in practice?
Dicta is not binding; it may inform persuasive argument but does not carry the force of the holding. Identify whether language is essential to the decision and explain distinctions when advocating reliance on nonbinding commentary.
How to preserve issues for appeal and citation
Object at trial, obtain on-the-record rulings, and include necessary motions and contemporaneous objections. Preserve the factual record with transcripts and ensure issues are specifically raised to avoid waiver on appellate review.
Attaching sensitive records: HIPAA and privacy considerations
When attaching medical or private records, redact where appropriate, obtain patient authorization if required, and follow HIPAA retention and disclosure rules. Consult local rules about sealing exhibits or filing under restricted access to protect privacy interests.

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