Legal Opinion

State v. Yarborough

New Mexico Court of Appeals

Decided November 3, 1995No. 15794PublishedCited by 7 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

1.Defendant appeals his conviction for involuntary manslaughter by careless driving. We consolidate the issues raised by Defendant on appeal and address them as follows: (1) whether a showing of criminal negligence is required for a felony involuntary manslaughter conviction and (2) whether the specific homicide by vehicle statute preempts the prosecution of vehicular killings under the general involuntary manslaughter statute. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

2. While driving northbound on a southbound lane of Interstate 25, Angelita Castillo struck Gretchen…

2Cases cited21 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1981
  3. Santillanes v. StateNew Mexico Supreme Court · 1993
  4. State v. SisnerosNew Mexico Supreme Court · 1938
  5. State v. BlevinsNew Mexico Supreme Court · 1936

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3Cited by7 opinions

  1. State v. YarboroughNew Mexico Supreme Court · 1996
  2. State v. LandgrafNew Mexico Court of Appeals · 1996
  3. State v. KirbyNew Mexico Supreme Court · 1996
  4. State v. SolanoNew Mexico Court of Appeals · 2009
  5. State v. CampbellOhio Court of Appeals · 1997

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

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