Legal Opinion

State v. Ellis

New Mexico Supreme Court

Decided May 28, 2008No. 30,258PublishedCited by 39 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} During a routine traffic stop, Defendant Robert Ellis threatened Eddy County Sheriffs Deputy Ruben Castro with a tire iron, for which he was charged and convicted of aggravated assault on a peace officer, a felony. At trial, Defendant claimed that he acted in self-defense against the deputy’s alleged use of excessive force, and the jury was so instructed, though imperfectly. At the heart of this case lies Defendant’s claim that he was entitled to a self-defense instruction, and the related issue of whether any jury reasonably could have found Deputy Castro’s use of…

2Cases cited31 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Petta v. RiveraCourt of Appeals for the Fifth Circuit · 1998
  4. State v. ManusNew Mexico Supreme Court · 1979
  5. State v. BenallyNew Mexico Supreme Court · 2001

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

3Cited by39 opinions

  1. State v. DowlingNew Mexico Supreme Court · 2011
  2. State v. GuthrieNew Mexico Supreme Court · 2011
  3. State v. SandovalNew Mexico Supreme Court · 2011
  4. State v. NozieNew Mexico Supreme Court · 2009
  5. State v. SuazoNew Mexico Supreme Court · 2017

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

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