STATE v. ORTEGA

No. 18225.

817 P.2d 1196 (1991)

112 N.M. 554

STATE of New Mexico, Plaintiff-Appellee, v. Richard Michael ORTEGA, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied October 9, 1991.


Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Gina Maestas, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Tom Udall, Atty. Gen., Margaret B. Alcock, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

MONTGOMERY, Justice.

In this case we rekindle the debate over one of the most controversial doctrines from the common law: the felony-murder rule. The rule in New Mexico is now statutory; and defendant Ortega, convicted below of two felony murders, attacks the statute as unconstitutional. He argues that the rule establishes a presumption of mens rea in violation of the Due Process Clause in the fourteenth amendment to the United States Constitution...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases