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 V.22 No.30 | July 25 - 31, 2013 
 

Letters

New Mexican ground-standing

Dear Alibi,

I know you guys like to zing the Journal ...

They had an article that says New Mexico is not a stand your ground state.

That’s not what Judge Malott said in the Journal on April 9, 2012:

It may surprise some of you to learn the Land of Enchantment is also a stand your ground jurisdiction. Some 32 states have such laws in varying form. In New Mexico, "A person who is threatened with an attack need not retreat. In the exercise of his right to self-defense, he may stand his ground and defend himself." Unlike Florida, New Mexico does not specifically require you to be in a place you have a right to be, only that you be "threatened with an attack."

From the Uniform Jury InstructionsCriminal 14-5190. Self defense; assailed person need not retreat.

A person who is threatened with an attack need not retreat. In the exercise of his right to self-defense, he may stand his ground and defend himself.

The committee commentary states: A person need not retreat, even though he could do so safely. See State v. Horton, 57 N.M. 257, 258 P.2d 371 (1953)

So ... If the legal experts are confused, how do the rest of us figure it out?

Added Note: Okay, I think I know what the reporter was trying to say. New Mexico is not the type of stand your ground state Florida is where you can get a hearing that makes you immune from prosecution. New Mexico is the type of stand your ground state where you do not have a duty to retreat. You don't have to retreat, but if you don't, the DA may decide to prosecute, and the judge/jury may decide to convict. Clear as mud, eh?

Michael Orick

RE: The Spice Mustn't Flow

Dear Alibi,

Starting with: "Law enforcement cracks down ..." What does that even mean? Law enforcement enforces the law? This is news? Or law enforcement does something besides enforce the law? Why?

"Spice is often mixed with dangerous chemicals known to cause organ damage, seizures and death." Often mixed? But not always? If it's not mixed with dangerous chemicals, is it still dangerous?

"... propensity to negatively impact public health... " Is that the same as making you sick? Or is this bureaucratic double talk?

"People who used these stimulants have reported impaired perception, reduced motor control and violent outbursts." Wait! It's just beer!

So, it's Spiceexcept when they call it something else. The active ingredient is K2, except that "several chemicals have emerged to take its place." So, what exactly is the illegal substance?

PB5000 via alibi.com

RE: The Daily Word in stand your ground ...

Dear Alibi,

I don't like it, but I get it.

A man who was presumed innocent was acquitted when there was reasonable doubt as to his guilt. That's justice: applying the rule of law fairly to everyone, even the guilty.

I don't think it happened the way Zimmerman says it did. The problem is too much of the evidence was inconclusive. It suggested a lot both ways, but proved little either way. Zimmerman got the benefit of the doubt.

I lean toward Zimmerman killed Martin when it wasn't necessary, but the proof beyond a reasonable doubt it was murder or manslaughter just wasn't there. I would have acquitted him, too, but I would not have been happy about it.

The people who think there was no doubt he was innocent, or no doubt he was guilty, for whatever reason, concern me more than all the other issues in this case. Ask yourself how and why you got there because the evidence sure doesn't take anyone to sure innocence or guilt.

BrokenArrow via alibi.com

RE: Story of Her Life

Dear Alibi,

A copy of [Loretta Lynn's Van Lear Rose] was stuck in my car's CD player up to and until that car was driven into the ground. I didn't mind at all because it is an awesome fuckin' album. I think my mind forced me to eliminate it from the memory banks though, 'cause I haven't thought about Van Lear Rose for like seven years.

Thank you Mark Lopez!

Jjehosaphat via alibi.com

Letters should be sent with the writer’s name, address and daytime phone number via email to letters@alibi.com. They can also be faxed to (505) 256-9651. Letters may be edited for length and clarity, and may be published in any medium; we regret that owing to the volume of correspondence we cannot reply to every letter. Word count limit for letters is 300 words.
 

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