STATE v. BENALLY

No. 26,245.

34 P.3d 1134 (2001)

131 N.M. 258

2001-NMSC-033

STATE of New Mexico, Plaintiff-Respondent, v. Lathan BENALLY, Defendant-Petitioner.

Supreme Court of New Mexico.

October 17, 2001.


Attorney(s) appearing for the Case

Phyllis H. Subin, Chief Public Defender, Susan Roth, Assistant Appellant Defender, Santa Fe, NM, for Petitioner.

Patricia A. Madrid, Attorney General, William McEuen, Assistant Attorney General, Santa Fe, NM, for Respondent.


OPINION

FRANCHINI, Justice.

{1} Defendant was convicted of second-degree murder and tampering with evidence for his involvement in the death of Marco LaPlant following a fight at an outdoor party near Farmington, New Mexico. On appeal, Defendant argues that his conviction must be reversed because errors in the jury instructions prevented the jury from appreciating that the State had the burden of disproving self-defense. The Court of Appeals determined...

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