the mens rea required for depraved mind murder from that required for second-degree murder by providing that the instruction for first-degree depraved murder sets forth a subjective test, whereas the instruction for second-degree murder requires only an objective test. {18} This Court first imposed the “subjective knowledge” element for depraved mind murder in McCrary, wherein we cited to both the language of Uniform Jury Instruction for depraved mind murder as well as the committee commentary to that instruction. 100 N.M. at 673, 675 P.2d at 122. Since the initial imposition of the “subjective knowledge” element, New Mexico courts have uniformly required the state to prove this element for first-degree depraved mind murder. See Ibn Omar-Muhammad, 102 N.M. at 277, 694 P.2d at 925 (<HOLDING>); State v. Omar-Muhammad, 105 N.M. 788, 791,
holding that the objective standard for determining probable cause obviates the need to analyze the officers subjective motivation holding that standard of review is a matter of procedural rather than substantive law holding that the standard for withholding of removal is more demanding than the standard for asylum recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard holding jury instruction for depraved mind murder improper where it set out objective standard of knowledge of the risk rather than subjective standard entitling defendant to new trial