Articles Posted in Defenses

In May 2019, a state appellate court issued a written opinion in a California homicide case discussing whether the trial court correctly instructed the jury on the defendant’s self-defense claim. Ultimately, the court concluded that the jury was properly instructed to consider only known threats that the victim made against others.

According to the court’s opinion, the defendant and several other men approached the victim’s trailer to evict him from the property, which was owned by one of the men with the defendant. Evidently, the landowner believed that the victim had stolen from him.

As the defendant approached the victim’s trailer, the victim’s friend, who also lived on a trailer and was being evicted, arrived. The men got into an argument, and the defendant put the victim in a headlock. According to the victim’s friend, the defendant pulled out a gun, put it to the victim’s head, and pulled the trigger. The victim died instantly. It was later determined that the victim had high levels of methamphetamine in his system.

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