State v. Ortega

Decided 1991-09-03

Cited by 155 later decision(s) in our corpus · see the citation network in Lexace

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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…

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