Legal Opinion
State v. Munoz
New Mexico Supreme Court
Decided November 17, 1998No. 24054PublishedCited by 21 opinions
1Opinion of the Court
OPINION
FRANCHINI, Chief Justice.
{1} Manuel Munoz (Defendant) seeks reversal of his convictions for vehicular homicide and great bodily injury by vehicle. He asserts that a jury instruction patterned on UJI 14-252 NMRA 1998 (negligence of the deceased) shifted the burden of proof from the State’s shoulders to his own. He also contends that UJI 14-252 fails to explain adequately to juries the law of intervening causation. We reject Defendant’s burden-shifting argument, but we hold that juries should ordinarily be instructed on foreseeability when intervening causation is an issue in a criminal…
2Cases cited18 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- Scott v. RizzoNew Mexico Supreme Court · 1981
- People v. StewartNew York Court of Appeals · 1976
- State v. SalazarNew Mexico Supreme Court · 1997
- State v. OroscoNew Mexico Supreme Court · 1992
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. Azad Haji AbdullahIdaho Supreme Court · 2015
- State v. StanleyNew Mexico Supreme Court · 2001
- State v. WildgrubeNew Mexico Court of Appeals · 2003
- State v. ArmijoNew Mexico Court of Appeals · 1999
- State v. RomeroNew Mexico Court of Appeals · 2005
16 more not listed; retrieve them via the Exa API.