Legal Opinion · Dissent

State v. DENZEL B.

New Mexico Court of Appeals

Decided May 7, 2008No. 27,684Published

1DissentRobinson, Judge

{22} I have come to question the development of this case. The prosecution in a district court followed by the necessity of an appeal to this Court seems a waste of the resources of the criminal or juvenile justice system. It never should have gone as far as a district court jury trial. But, since it did, the district court should have given Child’s requested jury instruction on self-defense. I do not concur in the majority opinion’s affirmance. I would reverse.

{23} I agree that Uncle had a right to discipline Child. But, I seriously question the reasonableness, let alone the wisdom, of…

2Cases cited2 opinions

  1. State v. BarberNew Mexico Supreme Court · 2004
  2. State v. LefevreNew Mexico Court of Appeals · 2005

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