Legal Opinion

State v. Willis

New Mexico Court of Appeals

Decided October 5, 1982No. 5785PublishedCited by 22 opinions

1Opinion of the Court

OPINION

NEAL, Judge.

This appeal has been brought by the State challenging the trial court’s dismissal of Count II of the grand jury indictment against the defendant, Richard Lamar Willis, charging him with vehicular homicide.

The only issue in this case is whether an unborn viable fetus is a human being for purposes of the New Mexico Vehicular homicide statute, § 66-8-101, N.M.S.A. 1978 (1982 Cum.Supp.).

As Judge Wood states in his specially concurring opinion: the killing of a human being for which § 66-8-101, supra, provides a punishment is “homicide” by vehicle. The killing of a fetus, under…

2Cases cited13 opinions

  1. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  2. Dobbert v. FloridaSupreme Court of the United States · 1977
  3. United States v. WiltbergerSupreme Court of the United States · 1820
  4. Keeler v. Superior CourtCalifornia Supreme Court · 1970
  5. People v. GreerIllinois Supreme Court · 1980

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

3Cited by22 opinions

  1. Commonwealth v. BoothSupreme Court of Pennsylvania · 2001
  2. State v. SotoSupreme Court of Minnesota · 1985
  3. Commonwealth v. CassMassachusetts Supreme Judicial Court · 1984
  4. Vo v. Superior CourtCourt of Appeals of Arizona · 1992
  5. State v. OliverSupreme Court of Vermont · 1989

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

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