AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Petitioner Mario Rudolfo was convicted of first-degree murder based on a general verdict that included two alternative theories: felony murder predicated on shooting at or from a motor vehicle and willful and deliberate murder. Twelve years after his conviction, the Supreme Court of the State of New Mexico decided in State v. Marquez that shooting at or from a motor vehicle cannot serve as the predicate felony for a felony murder charge. Rudolfo argued that this decision should apply retroactively to his case, necessitating the vacation of his first-degree murder conviction (paras 1-3).

Procedural History

• State v. Rudolfo, 2008-NMSC-036, ¶ 2, 144 N.M. 305, 187 P.3d 170: Affirmed Petitioner's convictions for first-degree murder, attempted first-degree murder, and tampering with evidence but vacated his conviction for shooting at or from a motor vehicle due to a potential double jeopardy violation (para 4).
• District Court of Valencia County: Denied Petitioner’s writ of habeas corpus petition, concluding that Marquez should not be applied retroactively as it did not announce a substantive rule but clarified the procedure for determining predicate felonies for felony murder (para 5).

Parties' Submissions

• Petitioner: Argued that the Marquez decision, which held that shooting at or from a motor vehicle may not serve as the predicate felony for a felony murder charge, is substantive and applies retroactively. Asserted that his first-degree murder conviction should be vacated (paras 1-2, 5).
• Respondents: Contended that Marquez did not change the substantive law regarding felony murder but only announced a procedural methodology for determining whether a dangerous felony is a lesser-included offense of second-degree murder (para 17).

Legal Issues

• Whether the Marquez decision, which announced that shooting at or from a motor vehicle cannot serve as the predicate felony for a felony murder charge, applies retroactively to cases finalized before its issuance (paras 6, 13).
• Whether Petitioner’s first-degree murder conviction should be vacated if Marquez is applied retroactively (para 18).

Disposition

• The Supreme Court of the State of New Mexico held that the Marquez decision applies retroactively, vacated Petitioner’s first-degree murder conviction, and remanded the case for a new trial on the first-degree murder charge (para 28).

Reasons

• Per VIGIL, Justice (C. SHANNON BACON, Chief Justice; DAVID K. THOMSON, Justice; JULIE J. VARGAS, Justice; BRIANA H. ZAMORA, Justice concurring): The Court determined that Marquez announced a new substantive rule that applies retroactively because it narrowed the scope of punishable conduct for felony murder. Since Petitioner’s conviction was based on a general verdict that did not specify the theory of murder, and one of the theories (felony murder predicated on shooting at or from a motor vehicle) was invalidated by Marquez, the conviction could not stand. The Court concluded that it was impossible to determine which theory the jury used to convict, necessitating a new trial (paras 7-27).