Legal Opinion
State v. Johnson
New Mexico Court of Appeals
Decided November 6, 1997No. 17200PublishedCited by 27 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
1. This case involves the fatal shooting of Abel Gallegos, who broke into a vehicle, stole a car stereo, and was in the process of driving away when he was shot and killed by Aaron Johnson, a friend of the owner of the vehicle. Johnson was refused a jury instruction on the defense of justifiable homicide when stopping a fleeing felon, and he appeals on that sole issue. We affirm the ruling of the district court. We hold as an issue of first impression under New Mexico law that deadly force by a private citizen in apprehending a suspected fleeing felon is subject to…
2Cases cited25 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Tennessee v. GarnerSupreme Court of the United States · 1985
- State v. GomezNew Mexico Supreme Court · 1997
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- Campos v. StateNew Mexico Supreme Court · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. TaylorNew Mexico Court of Appeals · 1998
- State v. EllisNew Mexico Supreme Court · 2008
- City of Santa Fe v. MartinezNew Mexico Supreme Court · 2010
- State v. MantelliNew Mexico Court of Appeals · 2002
- State v. GarciaNew Mexico Court of Appeals · 2002
22 more not listed; retrieve them via the Exa API.