This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant, Cameron Slade, was convicted of attempted first-degree murder following an incident at a party in Hobbs, New Mexico, where Brian Alexander was seriously injured from multiple gunshot wounds. The Defendant had arrived at the party armed with a .38 revolver borrowed from a friend, J.J. Royal, who was carrying a semiautomatic .40 caliber pistol belonging to the Defendant. A fight broke out at the party, leading to a chaotic scene outside the venue where multiple shots were fired, resulting in one person dead and Alexander injured. Eyewitness testimonies regarding the Defendant's involvement were mixed, with some not seeing him fire a weapon or being near the fight (paras 2-9).
Procedural History
- Appeal from the District Court of Lea County, Gary L. Clingman, District Judge.
- Certiorari Granted, August 1, 2014, No. 34,764. Certiorari Quashed, January 28, 2015, No. 34,764.
Parties' Submissions
- Appellant (Defendant): Argued that there was insufficient evidence to support the jury’s verdict of attempted first-degree murder, specifically challenging the evidence of his intent to kill and the reliability of testimony regarding his admission to shooting Alexander (paras 11-12).
- Appellee (State): Contended that the evidence, including Defendant's motive, arrival at the scene with a weapon, demeanor and conduct after the incident, and the number of shots fired, supported an inference of deliberate intent to kill Alexander (paras 22-32).
Legal Issues
- Whether there was sufficient evidence to support the conviction of attempted first-degree murder, specifically regarding the Defendant's deliberate intent to kill Brian Alexander (para 11).
- Whether double jeopardy principles bar retrial of Defendant for the lesser included charge of attempted second-degree murder (para 37).
Disposition
- The Court of Appeals reversed the Defendant's conviction and vacated his sentence, concluding that the State failed to prove beyond a reasonable doubt that the Defendant acted with willful, deliberate, and premeditated intent to kill Brian Alexander. The court also held that double jeopardy principles bar retrial for the lesser included charge of attempted second-degree murder (para 42).
Reasons
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The Court of Appeals, led by Judge Michael D. Bustamante, with Judges Roderick T. Kennedy and Jonathan B. Sutin concurring, found the State's evidence insufficient to demonstrate that the Defendant acted with the requisite deliberate intent for first-degree murder. The court highlighted the lack of direct evidence of the Defendant's motive, the circumstances surrounding his arrival at the scene with a weapon, and his conduct after the incident. The court distinguished between the act of carrying a weapon to the scene and the formation of a deliberate intent to kill, noting that the chaotic nature of the incident and the mixed eyewitness testimonies did not support a conclusion of premeditated intent. Furthermore, the court addressed the principle of double jeopardy, stating that since the jury was not instructed on attempted second-degree murder and the conviction for the greater offense was reversed due to insufficient evidence, retrial on the lesser included offense would violate the Defendant's rights (paras 13-42).
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