Legal Opinion

State v. Anderson

New Mexico Court of Appeals

Decided October 7, 2015No. 35,591; Docket 32,663PublishedCited by 6 opinions

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} Defendant appeals from his conviction for second degree murder asserting that fundamental error was committed when the district court failed to give a necessary instruction that it had agreed to give. Defendant asserts this was fundamental error. Because the instruction was critical to the jury’s determination on the issue of self-defense and because the district court had a duty to fully instruct the jury on all relevant aspects of the law, we agree with Defendant, reverse his conviction, and remand for a new trial.

I. BACKGROUND

{2} The trial presented differing…

2Cases cited23 opinions

  1. State v. CunninghamNew Mexico Supreme Court · 2000
  2. Brown v. United StatesSupreme Court of the United States · 1921
  3. State v. BarberNew Mexico Supreme Court · 2004
  4. State v. BenallyNew Mexico Supreme Court · 2001
  5. State v. CoffinNew Mexico Supreme Court · 1999

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3Cited by6 opinions

  1. State v. CandelariaNew Mexico Supreme Court · 2018
  2. State v. VillanuevaNew Mexico Court of Appeals · 2021
  3. State v. AnciraNew Mexico Court of Appeals · 2022
  4. State v. AndersonNew Mexico Court of Appeals · 2015
  5. State v. HeadNew Mexico Court of Appeals · 2017

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

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