Legal Opinion

State v. Parish

New Mexico Supreme Court

Decided July 11, 1994No. 21182PublishedCited by 104 opinions

1Opinion of the Court

OPINION

FROST, Justice.

During a violent encounter with local residents, Carl Parish, a visitor to Taos, New Mexico from out of state, shot and killed one of his assailants. We reverse his conviction for voluntary manslaughter and remand for a new trial. Though numerous issues were raised on appeal, we base our decision on two errors in the jury instructions given by the trial court: 1) the jury instructions did not instruct the jury that they must decide whether the killing was unlawful when a claim of self-defense is raised; and 2) the instructions failed to explicitly place the burden upon…

2Cases cited28 opinions

  1. Patterson v. New YorkSupreme Court of the United States · 1977
  2. Francis v. FranklinSupreme Court of the United States · 1985
  3. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  4. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  5. State v. WilsonNew Mexico Supreme Court · 1994

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

3Cited by104 opinions

  1. State v. CunninghamNew Mexico Supreme Court · 2000
  2. State v. BarberNew Mexico Supreme Court · 2004
  3. State v. BenallyNew Mexico Supreme Court · 2001
  4. State v. SwickNew Mexico Supreme Court · 2012
  5. State v. CoffinNew Mexico Supreme Court · 1999

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

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