This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was convicted of second-degree murder for killing Douglas Robbins. The case centered on whether the Defendant acted without sufficient provocation and whether he was aware that his actions had a strong probability of causing death or great bodily harm to Robbins. The incident occurred in New Mexico on or about February 14, 2009.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Appellant (Defendant): Claimed the State failed to prove lack of provocation in the killing of Douglas Robbins.
- Appellee (State): Argued that there was sufficient evidence to support the conviction for second-degree murder, emphasizing the lack of sufficient provocation by the Defendant.
Legal Issues
- Whether the State failed to prove lack of provocation in the Defendant's conviction for second-degree murder.
Disposition
- The Court of Appeals affirmed the Defendant's conviction for second-degree murder and denied his motion to amend the docketing statement.
Reasons
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The Court, led by Judge Roderick T. Kennedy with Judges James J. Wechsler and Jonathan B. Sutin concurring, based its decision on the standard of reviewing evidence in the light most favorable to the verdict. The Court noted that it does not weigh evidence or substitute its judgment for that of the fact finder as long as there is sufficient evidence to support the verdict. The jury was properly instructed on the elements required to convict for second-degree murder, including the necessity of finding that the Defendant did not act as a result of sufficient provocation and did not act in self-defense. The Court reviewed the evidence presented at trial and concluded that the jury could reasonably find that the Defendant was not sufficiently provoked at the time he killed Robbins. The Defendant's memorandum in opposition did not dispute the recitation of evidence supporting the conviction nor did it provide information on evidence or arguments that might support a theory of provocation. The Court also addressed the Defendant's motion to amend the docketing statement to include an issue regarding the refusal to strike a juror for cause, finding no abuse of discretion by the district court in its decision to keep the juror. The Court concluded that there was sufficient evidence to support the conviction and that the Defendant did not act as a result of sufficient provocation.
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