State v. Gallegos

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that past 6 history of violence is relevant in determining the subjective beliefs of a defendant
• proposed area of expertise must have received general acceptance in the particular field to which it belongs
• past history of victim’s abuse toward defendant, coupled with indication that another episode of abuse was imminent, raised jury question concerning deadly force self-defense issue
• abused wife could claim self-defense where she walked into bedroom with gun and killed husband who was awake but lying on the bed
• abused wife could claim self-defense where she walked into bedroom with gun and killed husband who was awake but lying on the bed
• woman who shot and stabbed husband while he was lying in bed was entitled to self-defense instruction

Source: CourtListener parenthetical corpus (CC0).

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

• People v. Humphrey
  California Supreme Court· 1996-08-29· cited 392×
• State v. Alberico
  New Mexico Supreme Court· 1993-08-30· cited 297×
• State v. Janes
  Washington Supreme Court· 1993-04-08· cited 195×
• State v. Coffin
  New Mexico Supreme Court· 1999-10-06· cited 171×
• State v. Armendariz
  New Mexico Supreme Court· 2006-08-28· cited 91×
• State v. Anderson
  New Mexico Supreme Court· 1994-08-25· cited 90×
• State v. Hennum
  Supreme Court of Minnesota· 1989-06-16· cited 83×
• Bechtel v. State
  Court of Criminal Appeals of Oklahoma· 1992-09-02· cited 65×
• State v. Duarte
  New Mexico Court of Appeals· 1996-01-25· cited 62×
• State v. Ungarten
  New Mexico Court of Appeals· 1993-06-10· cited 46×
• State v. Baca
  New Mexico Supreme Court· 1992-08-31· cited 45×
• State v. Vigil
  New Mexico Supreme Court· 1990-06-28· cited 45×
• Whipple v. State
  Indiana Supreme Court· 1988-06-08· cited 43×
• State v. Johnson
  New Mexico Supreme Court· 1996-12-06· cited 33×
• State v. Stewart
  Supreme Court of Kansas· 1988-10-21· cited 33×
• State v. Steele
  West Virginia Supreme Court· 1987-05-15· cited 31×
• State v. Mann
  New Mexico Court of Appeals· 2000-10-19· cited 26×
• Porter v. State
  Court of Appeals of Maryland· 2017-08-07· cited 26×
• Commonwealth v. Dillon
  Supreme Court of Pennsylvania· 1991-10-31· cited 25×
• Dale A. Whipple v. Jack R. Duckworth, Warden, Superintendent of Indiana Reformatory
  Seventh Circuit· 1992-04-02· cited 22×

Cites

17 cases in this archive are cited by this case.

• Milton v. Wainwright
  Supreme Court· 1972-06-22· cited 824×
• State v. Allery
  Washington Supreme Court· 1984-05-17· cited 198×
• Jahnke v. State
  Wyoming Supreme Court· 1984-06-06· cited 105×
• United States v. Orville E. Stifel, II
  Sixth Circuit· 1970-10-29· cited 88×
• State v. Leidholm
  North Dakota Supreme Court· 1983-05-12· cited 84×
• People v. Torres
  New York Supreme Court· 1985-04-16· cited 52×
• State v. Bazan
  New Mexico Court of Appeals· 1977-03-17· cited 43×
• State v. Smith
  New Mexico Court of Appeals· 1969-02-28· cited 29×
• State v. Branchal
  New Mexico Court of Appeals· 1984-06-07· cited 27×
• State v. Melendez
  New Mexico Supreme Court· 1982-03-22· cited 24×
• Rodriquez v. State
  New Mexico Supreme Court· 1978-06-06· cited 23×
• State v. Leaphart
  Court of Criminal Appeals of Tennessee· 1983-12-20· cited 23×
• State v. Lucero
  New Mexico Court of Appeals· 1981-05-07· cited 23×
• State v. Walker
  Court of Appeals of Washington· 1985-05-15· cited 22×
• State v. Barnett
  New Mexico Supreme Court· 1973-05-25· cited 14×
• State v. Melendez
  New Mexico Court of Appeals· 1981-02-12· cited 13×
• People v. Scott
  Appellate Court of Illinois· 1981-07-10· cited 12×