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The Supreme Court modified and affirmed the decision of the court of appeals affirming Defendant's convictions for first-degree murder, felonious speeding to elude arrest, and robbery with a dangerous weapon, holding that Defendant was disqualified from claiming the justification of self-defense.
Below are some initial takeaways from the cases, which illustrate the importance of closely examining the statutory provisions in every case involving defensive force. In future posts, I intend to discuss the impact of the statutes on specific rules and procedures.
Carolina’s self-defense statutes address two different situations: defensive force in a person’s home, workplace, or vehicle under G.S. 14-51.2; and defense of oneself and others under G.S. 14-51.3.
The trial court erroneously instructed the jury when it omitted the relevant stand-your-ground provision from its instructions on self-defense, and Defendant was entitled to a new trial with proper self-defense and stand-your-ground instructions. Defendant was convicted of second-degree murder.
Self-Test on Issues in Self-Defense Cases 1. In a homicide case, the defendant does not give notice of any defenses. At trial the evidence supports an instruction on imperfect self-defense. Should the judge deny the instruction on the ground that the defendant failed to give notice in violation of the discovery statutes? a. Yes b. No c.
27 Ιαν 2022 · When is self-defense justified in NC? Five cases signal when deadly force is lawful or not. Some people don’t get charged. Others go to prison despite asserting that they killed while defending...
Appellate Court Opinions. State V. Stephens. By North Carolina Judicial Branch. State v. Stephens. Self defense instruction, initial aggressor, regain right to self-defense.
