The New Mexico Court of Appeals held that the definition of a security under New Mexico State law is the same a the definition of the Ninth Circuit in Glenn W. Turner, an investment of money with profits to come primarily from the efforts others. Using this definition of security, the Court held that the jury instruction in this case was a correct statement of the law. However, the trial court should review the record to determine if one other error warrants the granting of a new trial.

Case and case summary are also available online at: http://www.mlmlegal.com/legal-cases/NewMexico_v_Danek.php