Legal Opinion
State v. Correa
New Mexico Supreme Court
Decided September 29, 2009No. 31,455PublishedCited by 16 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} We accepted certification from the Court of Appeals to address whether the Detoxification Reform Act (DRA), NMSA 1978, §§ 43-2-1.1 to -23 (1977, as amended through 2005), prohibits criminal prosecution for breaches of the peace when the suspect’s behavior amounts to the normal manifestations of intoxication. For reasons discussed more fully below, we conclude that the DRA does not preclude the State from charging an accused with disorderly conduct when the accused’s conduct otherwise satisfies the statutory elements of the charge, regardless of whether the offender…
2Cases cited13 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- State v. MoraNew Mexico Supreme Court · 1997
- People v. . MostNew York Court of Appeals · 1902
- State v. DoeNew Mexico Supreme Court · 1978
- State v. SalasNew Mexico Court of Appeals · 1999
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3Cited by16 opinions
- Mocek v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2015
- Tanner v. San Juan County Sheriff's OfficeDistrict Court, D. New Mexico · 2012
- State v. TsosieNew Mexico Court of Appeals · 2011
- McGarry v. Bd. of Cnty. Commissioners for the Cnty. of LincolnDistrict Court, D. New Mexico · 2018
- State v. GonzalesNew Mexico Court of Appeals · 2010
11 more not listed; retrieve them via the Exa API.