State v. Bahney
1 N.M. Ct. App. 519
N.M. Ct. App.2012Background
- Lumsey was found dead November 4, 2005, in the trunk of a burning car near a Belen elementary school; death caused by the fire despite blunt force injuries.
- Bahney family-residence participants included Defendant, her husband Tom Bahney, their grandson Bobby, and Esquibel, with Jessica Cavasos and Anthony Sanchez also involved.
- Esquibel beat Lumsey, restrained her, pressured others, and arranged for drugs; Mesquibel and others coordinated the violence and cover-up.
- Defendant returned home around 10:30 a.m. and, while Lumsey was restrained nearby, did not intervene; she later helped coordinate the aftermath and purchase lighter fluid.
- Lumsey’s car was hoisted from the residence area, driven to the school, set on fire, and Lumsey died; investigation followed by cleanup at the Bahney home and eventual arrests; Defendant was convicted on six counts, with conspiracy to commit aggravated arson vacated on double jeopardy grounds and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy: conspiracy convictions based on one overarching agreement | Bahney argues separate conspiracies violate unitary conduct rule | Bahney contends multiple conspiracies were distinct under Gallegos framework | Conspiracies merged; conspiracy to commit aggravated arson vacated and remanded for resentencing |
| Sufficiency of evidence for accessory, conspiracy, and principal liability | State asserts sufficient evidence supported all convictions | Bahney argues insufficiency for intent and participation | Sufficient evidence supported convictions as accessory and conspiracy; kidnapping supported; tampering upheld |
| Admission of crime-scene photographs | Photographs probative to prove elements and illustrate testimony | Photos overly prejudicial; Rule 11-403 balancing failed | Court did not abuse discretion; photographs properly admitted and not harmless error |
| Ineffective assistance of counsel | Claims lack record support for alibi witness or right to testify assertions | Counsel failed to locate alibi, inform right to testify, and object to certain testimony | No prima facie ineffective assistance shown on record; habeas relief reserved for post-conviction |
Key Cases Cited
- State v. Gallegos, 149 N.M. 704 (2011-NMSC-027) (unitary conspiracies; presumption against multiple punishments for one agreement; totality of circumstances)
- State v. Carrasco, 946 P.2d 1075 (1997-NMSC-047) (elements and legislative intent; separate punishments for unitary conduct presumed)
- State v. DeGraff, 131 P.3d 61 (2006-NMSC-011) (unit of prosecution and double-description analysis for conspiracies)
- State v. Urioste, 267 P.3d 820 (2011-NMCA-121) (double jeopardy analysis; voluntary manslaughter, kidnapping, aggravated battery sufficiency)