Dominguez v. New Mexico
Annotate this CasePetitioner Rodrigo Dominguez was convicted for voluntary manslaughter and shooting at or from a motor vehicle resulting in the death of one person, and the aggravated battery and shooting at or from a motor vehicle resulting in great bodily injury in a second person. Petitioner argued that "New Mexico v. Montoya," (306 P.3d 426 (2013)) precluded him from being cumulatively punished for voluntary manslaughter, aggravated battery and the shooting charges on double jeopardy grounds because these charges all stemmed from the same shooting of the same victim. A majority of the New Mexico Supreme Court ultimately rejected petitioner's double jeopardy arguments, concluding that another case controlled. In response, petitioner filed for habeas relief, seeking to retroactively apply "Montoya" to his case to support the same double jeopardy claims he raised earlier in certiorari review. The Supreme Court again declined to accept petitioner's claims because "Montoya" announced a new procedural rule that could not be applied retroactively.
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