332 P.3d 870
N.M. Ct. App.2014Background
- Casey Jim participated in the beating and stabbing of Tyrone White and was convicted of second‑degree murder.
- The offense followed heavy alcohol use; Jim, his brother Kevin, and Isaac attacked White; Jim supplied the knife and punched White.
- White died from injuries inflicted by the trio; Jim claimed limited memory due to intoxication.
- Jim was charged with first‑degree murder but convicted of the lesser-included second‑degree murder; he appealed on multiple grounds.
- The appeal addresses jury instructions on voluntary intoxication and voluntary manslaughter, admissibility of a confession transcript, a shotgun instruction, sufficiency of intent, and alleged ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntary intoxication for accessory liability | Intoxication instruction should apply to accessory liability | UJI 14-5111 should be given for accessory liability | No error; intoxication instruction properly denied |
| Voluntary manslaughter as a lesser‑included offense | Provocation supports voluntary manslaughter | Defendant provocation warrants instruction | No error; no sufficient provocation evidence |
| Admission of transcript of confession vs. confrontation | Transcript admissible; satisfies confrontation with redactions | Admission violated Sixth Amendment confrontation rights | No violation; redaction balanced hearsay concerns; defendant waived objections |
| Jury numeric breakdown and continuance deliberations | Court’s inquiry to juror division and extended deliberations were proper | Actions were coercive, a shotgun instruction | No fundamental error; not coercive; deliberations proper |
| Ineffective assistance of counsel | Counsel deficient on multiple fronts | Ineffectiveness of counsel merited relief | No prima facie showing; issues inadequately developed in record; conviction affirmed |
Key Cases Cited
- State v. Carrasco, 124 N.M. 64 (1997-NMSC-047) (accomplice must share the principal's intent; intoxication defenses apply to underlying specific‑intent crimes)
- State v. Ochoa, 41 P.2d 609 (1937-NMSC-051) (accomplice must share the principal's intent)
- State v. Montes, 142 N.M. 221 (2007-NMCA-083) (accomplice liability mirrors underlying crime's mens rea)
- State v. Perry, 146 N.M. 208 (2009-NMCA-052) (affirmed use of standard element instructions; same intent standard for accomplice liability as underlying crime)
- State v. Gaitan, 131 N.M. 758 (2002-NMSC-007) (voluntary manslaughter instruction requires provocation; )
- State v. Munoz, 131 N.M. 758 (2002-NMSC-007) (entitles defendant to lesser‑included offense instruction where supported by evidence)
- State v. Reynolds, 98 N.M. 527 (1982-NMSC-091) (provocation standards for voluntary manslaughter)
- State v. Soliz, 146 N.M. 616 (2009-NMCA-079) (redaction of testimonial out‑of‑court statements to preserve Confrontation Clause)