Legal Opinion
State v. Johnson
New Mexico Supreme Court
Decided December 6, 1996No. 23786PublishedCited by 26 opinions
1Opinion of the Court
OPINION
McKinnon, justice.
1 Thomas W. Johnson appeals his conviction of aggravated assault with a deadly weapon, see NMSA 1978, § 30-3-2(A) (Repl. Pamp.1994), for which he received a suspended sentence. Due to a mandatory firearm enhancement, he was sentenced to one year in prison. Johnson asserts that the trial court erroneously refused to give his instructions on the common-law right of citizen’s arrest as a defense. The court’s refusal was based on its finding that there was no evidence of any criminal intent by the arrestee, Gary Minieh, to assault Johnson with his car and on its…
2Cases cited23 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Carroll v. United StatesSupreme Court of the United States · 1925
- Beck v. OhioSupreme Court of the United States · 1964
- Pierson v. RaySupreme Court of the United States · 1967
- State v. AlbericoNew Mexico Supreme Court · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Fuerschbach v. Southwest Airlines Co.Court of Appeals for the Tenth Circuit · 2006
- Santillo v. New Mexico Department of Public SafetyNew Mexico Court of Appeals · 2007
- State v. JohnsonNew Mexico Court of Appeals · 1997
- State v. ArmijoNew Mexico Court of Appeals · 1999
- State v. AcostaNew Mexico Court of Appeals · 1997
21 more not listed; retrieve them via the Exa API.