STATE v. ELLIS

No. 30,258.

186 P.3d 245 (2008)

2008-NMSC-032

STATE of New Mexico, Plaintiff-Petitioner, v. Robert ELLIS, Defendant-Respondent.

Supreme Court of New Mexico.

May 28, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Templeton & Crutchfield, C. Barry Crutchfield, Lovington, NM, for Respondent.


OPINION

BOSSON, Justice.

{1} During a routine traffic stop, Defendant Robert Ellis threatened Eddy County Sheriff's 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...

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