New Mexico Supreme Court, 2001

The Court held that the second-degree-murder elements instruction’s omission of unlawfulness was not cured by a correct self-defense instruction placed thirteen instructions later and addressing different offenses.

The court vacated the district court’s grant of habeas relief and dismissed Jordan’s petition with prejudice. It held that counsel’s decisions not to consult or present additional experts were reasonable strategic choices, and that Jordan failed in any event to show a reasonable probability of a different trial…