Legal Opinion
State v. Padilla
New Mexico Supreme Court
Decided January 8, 2008No. 29,947PublishedCited by 46 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} Defendant was convicted of the crime of aggravated fleeing a law enforcement officer which elevates to a felony certain willful and careless vehicular flight from a police officer conducting a pursuit “in accordance with the provisions of the Law Enforcement Safe Pursuit Act.” NMSA 1978, § 30-22-1.1 (2003). In this opinion, we decide as a matter of first impression whether the State has to prove, as an element of the crime, not only the unlawful conduct of the accused, but also the propriety of the police officer’s conduct during the pursuit. The Court of Appeals…
2Cases cited16 opinions
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Hudson v. MichiganSupreme Court of the United States · 2006
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- State v. RiveraNew Mexico Supreme Court · 2003
- State v. SmithNew Mexico Supreme Court · 2004
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Baker v. HedstromNew Mexico Supreme Court · 2013
- State v. CabezuelaNew Mexico Supreme Court · 2011
- State v. GallegosNew Mexico Supreme Court · 2011
- State v. MontoyaNew Mexico Court of Appeals · 2011
- State v. WilsonNew Mexico Court of Appeals · 2009
41 more not listed; retrieve them via the Exa API.