New Mexico Supreme Court
State of New Mexico, Plaintiff-Respondent v. Julio Chavez, Defendant-Petitioner
June 23, 2009146 N.M. 434
Summary
The court held that the evidence did not establish that the filthy conditions in Defendant's home created a substantial and foreseeable risk of serious harm to his two sons. It also held that the evidence did not sufficiently establish that placing his infant daughter face-down in a small drawer with soft bedding created a substantial and foreseeable risk of serious injury, and therefore reversed all convictions. Justice Maes, concurring in part and dissenting in part, agreed regarding the boys but would have upheld the conviction involving Shelby because the sleeping arrangement created a substantial and foreseeable suffocation risk.