State v. Greenwood, 2012 NMCA 017

Defendant Sandra Greenwood was convicted of neglect of a resident resulting in death under the Act; Jared died at Greenwood’s home.
Jared was profoundly developmentally disabled and entirely dependent on Greenwood for hygiene, medication, and daily functioning.
Greenwood previously cared for Jared under LINKS II care plans; Journey also had a care plan in Greenwood’s home.
A care plan for Jared required regular sessions and annual medical assessments; the Jared-LINKS contract lapsed in February 2007 when the assessment was not obtained.
Jared’s death occurred in September 2007 at home; police and medical examiners found extreme filth and multiple pressure ulcers indicating prolonged neglect.
The Act defines care facilities and residents and governs negligent ommissions in care settings; the State contends Greenwood’s home could be a care facility for Jared under the Act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jury instructions properly stated the legal standard	Greened's jury instruction followed statuteal elements	Instructions were confusing and non-uniform	No reversible error; instructions adequate
Whether the Act covers a private home with no current contract	Jared was a resident in a home that provided care	No ongoing contractual care; home not a care facility	Act covers the home under the circumstances
Whether the Act is void for vagueness as applied	Statute provides fair notice and guides enforcement	Statute is too broad and vague outside facilities	Not void for vagueness under Laguna test
Sufficiency of evidence for home as care facility and for gross negligence	Evidence showed caretaker duties and unsafe conditions caused death	No care facility or lack of precaution proven	Sufficient evidence supported conviction
Mid-trial voir dire due to pretrial publicity	No abuse of discretion; publicity manageable	Trial court should have granted mid-trial voir dire	No abuse of discretion; denial affirmed

State v. Benally, 2001-NMSC-033 (2001-NMSC-033) (standard for evaluating jury instruction clarity; fundamental error review)
State v. Caldwell, 2008-NMCA-049 (2008-NMCA-049) (instructions must fairly present the law; not error if substantial compliance)
State v. Chavez, 2009-NMSC-035 (2009-NMSC-035) (sufficiency of evidence; standard of review is substantial evidence)
Laguna, 1999-NMCA-152 (1999-NMCA-152) (two-pronged test for void-for-vagueness)
State v. Davis, 1998-NMCA-148 (1998-NMCA-148) (coverage/intent of care facility statute discussed)
State v. Villa, 2003-NMCA-142 (2003-NMCA-142) (evidence sufficiency when contractual basis questioned)