Legal Opinion

State v. Phillips

New Mexico Court of Appeals

Decided December 29, 2008No. 27,019PublishedCited by 7 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

{1} Defendant-Appellant, Brian Phillips, appeals from his conviction for battery on a peace officer. We affirm.

BACKGROUND

{2} The victim, Officer James Roberts of the City of Bloomfield Police Department, was one of three police officers who responded to a complaint about an intoxicated person who was “loud and knocking over trash cans” in the early morning hours of September 13, 2005. Officer Roberts was the second officer to arrive. Officer Roberts was in uniform and was driving a marked patrol car. Defendant was stumbling around and unable to keep his balance. Defendant…

2Cases cited18 opinions

  1. Sims v. SimsNew Mexico Supreme Court · 1996
  2. Bad Elk v. United StatesSupreme Court of the United States · 1900
  3. United States v. Piero Heliczer, Jack William Martin, Iii, and Jack v. SmithCourt of Appeals for the Second Circuit · 1967
  4. State v. RyonNew Mexico Supreme Court · 2005
  5. State v. DoeNew Mexico Supreme Court · 1978

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3Cited by7 opinions

  1. James Ex Rel. Murphy v. Chavez Ex Rel. Mayor of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2013
  2. Milliron v. County of San JuanNew Mexico Court of Appeals · 2016
  3. Childers v. The City of HobbsDistrict Court, D. New Mexico · 2022
  4. State v. AlonzoNew Mexico Court of Appeals · 2017
  5. State v. DouglasNew Mexico Court of Appeals · 2017

2 more not listed; retrieve them via the Exa API.

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