State v. Gallegos

719 P.2d 1268, 104 N.M. 247
CourtNew Mexico Court of Appeals
DecidedJune 4, 1986
Docket8486
StatusPublished
Cited by44 cases

This text of 719 P.2d 1268 (State v. Gallegos) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gallegos, 719 P.2d 1268, 104 N.M. 247 (N.M. Ct. App. 1986).

Opinion

OPINION

BIVINS, Judge.

Defendant appeals from her conviction in a jury trial of voluntary manslaughter. Defendant killed her ex-husband, and then-companion, George Gallegos, by shooting him at close range while he was lying in bed and then stabbing him numerous times in the neck.

Based on a long history of physical and sexual abuse, defendant raised the “battered wife syndrome” as a basis for self-defense. At the close of the evidence, the court rejected defendant’s proffered self-defense instruction. Although the court had allowed the presentation of evidence of George’s past brutal acts toward defendant, the court denied the instruction on the basis that, absent an obvious threat at the time of the slaying, past violent conduct could not provide the foundation for a self-defense instruction.

The trial court allowed evidence and expert testimony concerning George’s past abuse of defendant and the resulting psychological effects; however, it prohibited express use of the term “battered wife syndrome.” The court also excluded the testimony of George’s former wife who would have testified that she, too, had been battered by George. Finally, the trial court allowed in evidence, over defendant’s objection, her statements confessing to the crime.

Defendant raises on appeal the following issues:

1. Whether the trial court erred in not submitting to the jury defendant’s proposed self-defense instruction;

2. Whether the trial court erred in excluding the term “battered wife syndrome” from the testimony;

3. Whether the trial court erred in not permitting George Gallegos’ former wife to testify; and

4. Whether the trial court erred in not suppressing defendant’s confessions and any evidence discovered as the result of those confessions.

We reverse and remand for a new trial. We hold that the trial court erred in refusing to tender to the jury defendant’s self-defense instruction. We also hold that the trial court erred in excluding the term “battered wife syndrome” from the expert’s testimony and in excluding the former wife’s testimony. The trial court did not err in refusing to suppress defendant’s confessions.

I. Defendant’s tendered self-defense instruction.

In order to assert a valid self-defense claim, a defendant must satisfy the three elements of the defense. State v. Branchal, 101 N.M. 498, 684 P.2d 1163 (Ct.App.), cert. denied, 101 N.M. 419, 683 P.2d 1341 (1984); NMSA 1978, UJI Crim. 41.41 (Cum.Supp.1985). First, there must have been the appearance to the defendant of immediate danger of death or great bodily harm. Second, the defendant, in fact, must have been put in fear by the apparent danger of death or great bodily harm, and must have killed the victim because of that fear. Finally, the defendant must have acted as a reasonable person would have acted in the same circumstances. Id. A self-defense instruction must be given “whenever a defendant presents evidence sufficient to allow reasonable minds to differ as to all elements of the defense.” Id. at 500, 684 P.2d at 1165.

With this in mind, we now analyze the evidence which defendant presented to determine whether it merited the giving of the self-defense instruction. We divide the analysis according to the elements of self-defense.

The first element requires a showing that defendant was put in fear by the appearance of an immediate threat of danger of death or great bodily injury. State v. Branchal. How the apparent “immediacy” of danger is determined forms the crux of the debate before us. In her proposed self-defense instruction, defendant asserted that “as a result of George Gallegos’ prior violent action toward [her], and his threats to kill her,” she perceived an immediate danger of death or great bodily harm. Defendant, however, introduced no evidence indicating that, at the time of the killing, George was overtly threatening her. The trial court ruled that past violent actions by George toward defendant could not, without some obvious threat, justify defendant’s acts as self-defense. The court, therefore, refused to submit to the jury the tendered instruction.

We believe that under the facts presented the trial court erred in its interpretation of this element of the self-defense instruction. This element is measured by a subjective standard. See People v. Scott, 97 Ill.App.3d 899, 53 Ill.Dec. 657, 424 N.E.2d 70 (1981); State v. Leidholm, 334 N.W.2d 811 (N.D.1983). “[A]n accused’s actions are to be viewed from the standpoint of a person whose mental and physical characteristics are like the accused’s and who sees what the accused sees and knows what the accused knows.” Id. at 818. In explaining the difference between a subjective and an objective test, the court in Leidkolm said:

The significance of the difference in viewing circumstances from the standpoint of the “defendant alone” rather than from the standpoint of a “reasonably cautious person” is that the jury’s consideration of the unique physical and psychological characteristics of an accused allows the jury to judge the reasonableness of the accused’s actions against the accused’s subjective impressions of the need to use force rather than against those impressions which a jury determines that a hypothetical reasonably cautious person would have under similar circumstances.

Id. at 818 (citations omitted). See also State v. Allery, 101 Wash.2d 591, 682 P.2d 312 (1984) (en banc).

The defendant must show that she was in fear of an apparent or immediate danger. The defendant, however, need not prove that she was in actual danger. State v. Roybal, 33 N.M. 187, 262 P. 929 (1927). Whether the defendant’s fear was reasonable is measured by the third part of the self-defense instruction, that is, whether she acted as a reasonable person would have acted in the same circumstances. Thus, ours is a hybrid test, combining both, the subjective and the objective, standards: whether the defendant perceived an immediate threat and whether the reasonable person, in similar circumstances, also would have acted in self-defense.

The subjective perceptions of an individual, brutalized regularly by domestic violence, are especially critical to the determination of whether her actions in purported self-defense were reasonable. Victims of a battering relationship live in a hopeless vacuum of “cumulative terror.” Eber, The Battered Wife’s Dilemma: To Kill or To Be Killed, 32 Hastings L.J. 895, 928 (1981) (citation omitted). Incidents of domestic violence tend to follow predictable patterns. Recurring stimuli, such as drunkedness or jealousy, reliably incite brutal rages. Remarks or gestures which are merely offensive or perhaps even meaningless to the general public may be understood by the abused individual as an affirmation of impending physical abuse.

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Bluebook (online)
719 P.2d 1268, 104 N.M. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gallegos-nmctapp-1986.