Legal Opinion

State v. Branch

New Mexico Court of Appeals

Decided May 23, 2016No. S-1-SC-35951; Docket 33,064PublishedCited by 14 opinions

1Opinion of the Court

OPINION

VANZI, Judge.

{1} There is no question that Defendant Lawrence Branch shot and injured his adult son, Joshua Branch, with a .44 caliber revolver. Defendant confessed to the shooting and was charged with aggravated battery with a deadly weapon and negligent use of a deadly weapon. He was also charged with aggravated assault with a deadly weapon for allegedly assaulting his wife, Patricia Branch, on the theory that Defendant’s conduct caused Patricia to reasonably believe that he was about to batter her as well. The key issue at trial was whether the shooting, which was the basis for all…

2Cases cited61 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Swafford v. StateNew Mexico Supreme Court · 1991
  3. State v. TollardoNew Mexico Supreme Court · 2012
  4. State v. AlbericoNew Mexico Supreme Court · 1993
  5. State v. AlbericoNew Mexico Supreme Court · 1993

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

3Cited by14 opinions

  1. State v. RamirezNew Mexico Supreme Court · 2017
  2. State v. BranchNew Mexico Court of Appeals · 2018
  3. State v. BarozNew Mexico Supreme Court · 2017
  4. State v. Uribe-VidalNew Mexico Court of Appeals · 2017
  5. United States v. FolseDistrict Court, D. New Mexico · 2017

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

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