State v. Skippings
150 N.M. 216
N.M.2011Background
- Defendant and Victim had a long-term relationship with cohabitation prior to Victim's death.
- On March 5, Victim was released from jail after drug-related offenses; they spent March 5 together.
- On March 7, Defendant believed Victim was in an illicit drug area and confronted her.
- A physical altercation occurred during which Victim fell and struck her head, dying later in the hospital.
- Defendant was convicted of voluntary manslaughter; the district court denied an involuntary manslaughter instruction.
- The Court of Appeals reversed, finding error in denying the involuntary manslaughter instruction; this Court granted certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sufficient evidence supported an involuntary manslaughter instruction | State argued evidence supported unlawful act (misdemeanor battery) | Skippings argued the unlawful act theory and/or accident theory could justify the instruction | Yes; sufficient evidence supported both unlawful act and criminal negligence theories |
| Whether Defendant's accident theory precluded involuntary manslaughter instruction | State argued accident theory is irreconcilable with involuntary manslaughter | Defendant argued accident and involuntary manslaughter could be reconciled and placed before the jury | No; accident theory does not preclude the instruction when evidence supports both theories |
| Whether Defendant preserved the instruction issue for appeal | State argued improper preservation due to lack of correct written instruction | Defendant contended preservation through written instruction and trial advocacy | Yes; the issue was preserved |
Key Cases Cited
- Henley v. State, 2010-NMSC-039 (2010-NMSC-039) (involuntary manslaughter requires criminal negligence; outlines three theories)
- Yarborough v. State, 1996-NMSC-068 (1996-NMSC-068) (criminal negligence standard for involuntary manslaughter)
- Salazar v. State, 1997-NMSC-044 (1997-NMSC-044) (criminal negligence required for involuntary manslaughter; three categories)
- Rudolfo v. State, 2008-NMSC-036 (2008-NMSC-036) (necessity to give lesser-included instruction if evidence supports it)
- Boyett v. State, 2008-NMSC-030 (2008-NMSC-030) (standard for entitlement to requested jury instructions; light most favorable view to issuing)