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The supreme court of new mexico evaluated whether the lower court should have instructed the jury on. A defendant is entitled to an instruction on his or her theory of the case if evidence has been presented that is sufficient to allow reasonable minds to differ as to all elements of the offense. state v 184, 185 p.3d 355 april 28, 2008, filed appeal from the district court of valencia county, william a
Logan Maurice Boyett - KOGT
Sanchez, district judge released for publication june 10, 2008 counsel john bigelow. Boyett pam karlan supreme court of new mexico 144 n.m 184 (2008), new mexico supreme court, case facts, key issues, and holdings and reasonings online today
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Case brief summary of state v Boyett including the facts, issue, holding, and reasoning Written in plain english to help law students understand the key takeaways Read the full case brief at studicata.
Boyett, 2008 nmsc 030, 185 p.3d 355, 144 n.m Boyett, 185 p.3d 355, 2008 nmsc 30, 144 n.m 2008)), filed at new mexico supreme court 540, 543, 724 p.2d 249, 252 (ct.app.1986)
Thus, defendant is correct insofar as he argues that the inability to form specific intent instruction does not require expert testimony, per se
However, defendant errs by contending that nonexpert testimony will always suffice. The only evidence that defendant presented linking his organic brain damage to his inability to form specific intent was his own testimony regarding his injury.
