State v. Hernandez

3 Citing cases

  1. State v. Ellis

    144 N.M. 253 (N.M. 2008)   Cited 59 times
    Adopting federal objective reasonableness standard for excessive force in context of self-defense claim

    Id. (alteration in original) (quoting State v. Hernandez, 2004-NMCA-045, ¶ 10, 135 N.M. 416, 89 P.3d 88, cert. denied, 2004-NMCERT-004, 135 N.M. 562, 91 P.3d 603). {21} As an initial matter, therefore, we must determine the appropriate standard of analysis for determining whether an officer's use of force was excessive, sufficient to justify a limited claim of self-defense.

  2. State v. Denzel B

    144 N.M. 746 (N.M. Ct. App. 2008)   Cited 5 times
    Holding that a trial court does not err when it understands the defendant's incorrect theory of self-defense and refuses to instruct the jury on the incorrect theory

    Id. ¶ 6 (internal quotation marks and citation omitted). {15}State v. Hernandez, 2004-NMCA-045, 135 N.M. 416, 89 P.3d 88, is also instructive. Again, in Hernandez, the officer and the defendant disagreed about who the aggressor was in the incident.

  3. State v. Ellis

    141 N.M. 370 (N.M. Ct. App. 2007)   Cited 4 times

    We have previously warned against "borrowing legal propositions pertaining to excessive force in a civil proceeding and importing them wholesale into the context of self-defense in a criminal action." State v. Hernandez, 2004-NMCA-045, ¶ 10, 135 N.M. 416, 89 P.3d 88. This is because in civil cases, the central focus of whether an officer used reasonable force is measured "from the perspective of the officer on the scene," Archuleta v. Lacuesta, 1999-NMCA-113, ¶ 8, 128 N.M. 13, 988 P.2d 883, whereas the issue of whether a defendant acted in self-defense is a "question that the jury must analyze through the lens of `a reasonable person in the same circumstances . . . as the defendant.'"