12 results for 'cat:"Jury" AND cat:"Murder" AND cat:"Self Defense"'.
J. Emfinger finds the trial court properly denied defendant's motion for a jury instruction on self-defense or the accident doctrine because her testimony clearly established she knowingly struck the victim with her car as she drove in reverse. Defendant initially claimed she was trying to get away from the victim, but admitted at trial she saw her when she "revved" the engine and was going between 20 and 40 miles per hour when the impact occurred; therefore, defendant's statement she "acted in self-defense" was insufficient to warrant a jury instruction. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: May 7, 2024, Case #: 2023-KA-52, Categories: murder, self Defense, jury Instructions
J. Goff finds that defendant was improperly convicted of murder because the jury had been given confusing instructions as to which party bore the burden of proof on the self-defense issue, and the instructions were not corrected during trial. Reversed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: April 10, 2024, Case #: 24S-CR-123, Categories: jury, murder, self Defense
J. Furman finds the trial court properly denied defendant's request for a jury instruction on the affirmative defense of force against intruders during her murder trial. The victim was shot in her own home and, therefore, defendant could not establish the objective element of unlawful entry. Meanwhile, the trial court was not required to give jury instructions on all subsections of the self-defense statute because there was no evidence the victim intended or was about to inflict harm upon defendant. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: November 9, 2023, Case #: 2023COA104, Categories: murder, self Defense, jury Instructions
J. Johnson reverses the defendant's second-degree murder conviction, finding that an erroneous jury instruction was not harmless. The instruction, which concerned the defendant's defense-of-others defense, erred in stating that the defendant had a duty to retreat or avoid danger if reasonably possible. Such an instruction contradicts the statutory right to use reasonable force to defend another person. This case is remanded for a new trial. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: October 16, 2023, Case #: A22-1424, Categories: murder, self Defense, jury Instructions
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J. Zmuda finds defendant's murder and assault convictions were not against the weight of the evidence despite his claims of self-defense. All of the prosecution witnesses' testimony contradicted his account of an "angry, armed mob" trying to break into his apartment, which allowed the jury to discount the self-defense theory and convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 29, 2023, Case #: 2023-Ohio-3549, Categories: jury, murder, self Defense
J. Boggs finds that the trial court properly convicted defendant of murder and other offenses. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's claim that he shot the victims in self defense. The trial court correctly refused to charge the jury on voluntary manslaughter and correctly denied defendant's motions for mistrial arising from the prosecutor's statements to the jury about defendant being in jail for more than two years before trial. The statements did not place defendant's character in issue. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: September 6, 2023, Case #: S23A0736, Categories: murder, self Defense, jury Instructions
J. Earls finds the court of appeals erroneously determined the evidence was insufficient to give the jury an aggressor doctrine instruction at defendant's trial for the murder of her boyfriend. It improperly considered the evidence in a light most favorable to defendant when it was required to consider it in favor of the state. Not only did evidence in the record contradict defendant's claim of self-defense, including that the victim was shot in the back and defendant sustained no injuries, but her own statements contained various inconsistencies that precluded an aggressor doctrine instruction, as properly determined by the trial court. Reversed.
Court: North Carolina Supreme Court, Judge: Earls, Filed On: September 1, 2023, Case #: 136PA22, Categories: murder, self Defense, jury Instructions
J. Briscoe finds that the lower court improperly convicted defendant of murder. During trial, the lower court did not allow defendant's attorney to request a jury instruction on the theory of imperfect self-defense. By not allowing that theory to be delivered to the jury, defendant was prejudiced as it unfairly influenced his conviction. Vacated.
Court: 10th Circuit, Judge: Briscoe, Filed On: August 31, 2023, Case #: 22-7012 , Categories: murder, self Defense, jury Instructions
J. Groban finds that the trial court should have provided a jury instruction on imperfect self-defense at defendant's murder trial since it was supported by substantial record evidence. To prove the malice element of murder, the state must show the absence of imperfect self-defense beyond a reasonable doubt. The failure to provide an imperfect self-defense instruction where it is required by the record is a violation of the federal Constitution. So, the appeals court should have applied the federal reasonable doubt standard, not California's reasonable probability standard, to evaluate whether defendant was prejudiced by the omission of the instruction at trial. Reversed.
Court: California Supreme Court, Judge: Groban, Filed On: August 17, 2023, Case #: S272237, Categories: murder, self Defense, jury Instructions
J. Lanzinger finds the trial court's jury instruction on self-defense during defendant's trial on murder charges was properly worded and did not confuse the jury. It included language that unequivocally informed the jury the state was required to disprove defendant's theory of the case by a preponderance of evidence, as required under Ohio law. Additionally, the flight instruction given to the jury was not prejudicial, as the trial court included a disclaimer that defendant's decision to run from the scene did not indicate a presumption of guilt, but could only be used to indicate his consciousness of guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: June 30, 2023, Case #: 2023-Ohio-2234, Categories: murder, self Defense, jury Instructions
J. Gallagher finds the trial court properly denied defendant's motion for a jury instruction on self-defense during his murder trial, as he was entirely at fault for creating the situation that led to the shooting. Defendant incessantly called and texted his ex-girlfriend for hours before showing up to her house with a loaded gun, then repeatedly told her and the victim to come outside, and shot the victim in the back as he ran away. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 15, 2023, Case #: 2023-Ohio-1970, Categories: murder, self Defense, jury Instructions