Professional Documents
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A:
Each week Law of Self Defense staff review self-defense court decisions from around the country. Those
we find most interesting are summarized in each weeks Law of Self Defense: Weekly Law Report.
Q:
A:
No. Many cases that involve issues of self-defense also involve other issues unrelated to self-defense; we
only summarize the portions of the cases that directly involve issues of self-defense law. We also strip out
much of the introductory commentary of the case, for purposes of efficiency. What we do include are the
case citation, a list of the key self-defense law issues covered in that case, the date of the decision, and the
text of the decision that discusses the specific self-defense laws of interest.
The goal is to provide the reader with an efficient way of deciding if they want to read the entire case.
Q:
A:
Every case summarized here is hyperlinked back to the full-length version of that case. We do, in fact,
strongly encourage you to read the entire text of any cases of particular interest to you, as that is the best
way to understand the fullest context of the courts decisions.
Q:
How are the cases here organized, and how can I quickly know what issues are addressed in each?
A:
The cases are organized by state, in alphabetical order, first listed in summary fashion in the Table of
Contents and then by individual case.
Q:
Having access to these cases is great, but I still find a lot of the legal terminology and principles of
self-defense law confusing. Whats a good resource to really understand the law of self-defense?
A:
For almost two decades Law of Self Defense has been providing non-lawyers as well as police officers,
defense attorneys, prosecutors, and judges with world-class instruction on self-defense law. We encourage
you to start with our best-selling book, The Law of Self-Defense, 2nd Edition, (also available from Amazon
in print and Kindle, the NRA Store, and Gun Digest) which covers all 50 states at a high level. You may also
consider one of our state-specific live Law of Self Defense Seminars held all over the country or statespecific online training classes. And, of course, theres always the Law of Self Defense Blog.
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Table of Contents
CALIFORNIA
Page
People v. Torres, 2015 Cal. App. Unpub. LEXIS 3462 (CA Ct. App. 2015)
Key issues:
Avoidance, no duty to retreat, may stand-your-ground under CA law;
Avoidance, right to pursue attacker; Reasonableness, objective;
Reasonableness, prior threats by attacker.
Date:
May 19, 2015
FLORIDA
Mohler v. State, 2015 Fla. App. LEXIS 7746 (FL Ct. App. 2015)
Key issues:
Self-defense; defense of others; attackers reputation for violence.
Date:
May 22, 2015
Cruz v. State, 2015 Fla. App. LEXIS 7645 (FL Ct. App. 2015)
Key issues:
Burden of production is on the defendant; burden of persuasion is
on the State, beyond a reasonable doubt; Incriminating statements
by defender; Stand-Your-Ground does not conflict with duty of first
aggressor to retreat in good faith.
Date:
May 20, 2015
11
GEORGIA
Pryor v. State, 2015 Ga. App. LEXIS 306 (GA Ct. App. 2015)
Key Issues:
.48 caliber semi-automatic pistol (yes, forty-eight caliber); Law enforcement
quickly identifies that people who were shot (legally speaking, the victims of
the use of force) were in fact the unlawful attackers, and the people who did
the shooting were the lawful defenders; in prosecuting victims for their attack,
State argument to jury that victims were harmed only because they were
subject to lawful self-defense by the people they attacked was permissible.d
Date:
May 22, 2015
17
INDIANA
Bond v. State, 2015 Ind. App. Unpub. LEXIS 570 (IN Ct. App. 2015)
Key issues:
Innocence, initial aggressor; Innocence; regaining innocence by good faith
withdrawal; Burden of production on defendant to show was where he had a
right to be; Burden of production on defendant to show he acted without fault;
Burden of production on defendant to show he had reasonable fear of death or
serious bodily harm. Burden of persuasion on State, beyond a reasonable
doubt.
Date:
May 22, 2015
20
MASSACHUSETTS
Commonwealth v. Errico, 87 Mass. App. Ct. 1122 (MA Ct. App. 2015)
Key issues:
Reasonableness, fear based upon reputation for violence of attacker;
Avoidance, duty-to-retreat; Reasonable fear of harm.
Date:
May 20, 2015
23
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MICHIGAN
24
People v. Dickerson, 2015 Mich. App. LEXIS 1034 (MI Ct. App. 2015)
Key Issues:
Innocence, initial aggressor; Innocence, regaining innocence by good
faith withdrawal;
Date:
May 19, 2015
MINNESOTA
State v. Siltman, 2015 Minn. App. Unpub. LEXIS 468 (MN Ct. App. 2015)
Key Issues:
Innocence, absence of aggression or provocation; Reasonable subjective
belief in imminent danger of death or great bodily harm; Reasonable objective
belief in imminent danger of death or great bodily harm; Duty to retreat;
Innocence, regaining innocence by withdrawal; Burden of production on
defendant; Burden of persuasion on State, beyond a reasonable doubt.
Date:
May 18, 2015
27
MISSISSIPPI
Clayton v. State, 2015 Miss. App. LEXIS 273 (MS Ct. App. 2015)
Key Issues:
Weathersby rule: if defendant only (surviving) witnesses to homicide and his
version is both reasonable and consistent with innocence, and not controverted
by physical evidence, no reasonable juror could find guilt beyond a reasonable
doubt, and defendant is entitled to a directed verdict of not guilty.
Date:
30
TEXAS
McCoy v. State, 2015 Tex. App. LEXIS 5202 (TX Ct. App. 2015)
Key issues:
Reasonableness, reasonable belief force was necessary to protect against
unlawful use or attempted use of force; Fist not proportional response to firm
handshake and sarcastic remark.
Date:
May 21, 2015, Opinion Filed
35
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CALIFORNIA
People v. Torres, 2015 Cal. App. Unpub. LEXIS 3462 (CA Ct. App. 2015)
Key issues:
Avoidance, no duty to retreat, may stand-your-ground under CA law; Avoidance, right to pursue
attacker; Reasonableness, objective; Reasonableness, prior threats by attacker.
Date:
Decision:
more easily have gained safety by flight or by
[...]
took that running start and hit him so hard that his
to guilt."
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reasonable.
"Someone who has been threatened or harmed
DISCUSSION
Special Instruction
retreating.
reasonable.
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more quickly."
no similar evidence.
occasion.
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FLORIDA
Mohler v. State, 2015 Fla. App. LEXIS 7746 (FL Ct. App. 2015)
Key issues:
Date:
Decision:
testified that they confronted Swonger, telling him to
[...]
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out of fear, she fell on her own knife. Id. at 861 n.2
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issue in Pintado.
trial.
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FLORIDA
Cruz v. State, 2015 Fla. App. LEXIS 7645 (FL Ct. App. 2015)
BACKGROUND: We noted in an earlier update (Weekly Law Report 2015 #21) that Floridas 1st
District Court of Appeals seemed confused about how to reconcile Floridas Stand-Your-Ground no
legal duty to retreat provisions and the states requirement that an initial aggressor cannot justify the
use of force in self-defense unless he had attempted to retreat. This strikes us as a silly conundrum-and it apparently it seems that way to Floridas 4th District Court of Appeals, as well, as they discuss
below.
Key issues:
Date:
Discussion:
that were not beneficial to the defense.
Appellant claimed self-defense,
[...]
an impact pattern.
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shooting").
[...]
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follows:
harm.
use of force.
was used. . . .
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forcible felony.
(emphasis added).
defense." Id.
retreat.
[...]
CONFLICTING INSTRUCTIONS AS TO
[...]
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or herself, . . . .").
[...]
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GEORGIA
Pryor v. State, 2015 Ga. App. LEXIS 306 (GA Ct. App. 2015)
Key Issues:
.48 caliber semi-automatic pistol (yes, forty-eight caliber); Law enforcement quickly identifies that
people who were shot (legally speaking, the victims of the use of force) were in fact the unlawful
attackers, and the people who did the shooting were the lawful defenders; in prosecuting
victims for their attack, State argument to jury that victims were harmed only because they
were subject to lawful self-defense by the people they attacked was permissible.
Date:
Decision:
So viewed, the evidence shows that as three men
A jury convicted James Pryor of attempted armed
follow, we affirm.
nothing, Pryor stuck his head into the car through the
open driver's door and told the first victim inside to
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Pryor, that Pryor pulled his gun, that Frails and Pryor
had leaned into the car, that shots were fired and that
his chest.
[...]
v. State, 311 Ga. App. 400, 403 (a) (715 SE2d 798)
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State, 262 Ga. App. 33, 36 (3) (a) (584 SE2d 669)
him."
evidence.
272 Ga. 327, 330 (4) (528 SE2d 800) (2000). As the
218 (4) (663 SE2d 149) (2008), the trial court did not
car after they left the club, whether he just kept firing
ground.
[...]
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INDIANA
Bond v. State, 2015 Ind. App. Unpub. LEXIS 570 (IN Ct. App. 2015)
Key issues:
Innocence, initial aggressor; Innocence; regaining innocence by good faith withdrawal; Burden of
production on defendant to show was where he had a right to be; Burden of production on
defendant to show he acted without fault; Burden of production on defendant to show he had
reasonable fear of death or serious bodily harm. Burden of persuasion on State, beyond a
reasonable doubt.
Date:
Decision:
night when they get old." State's Ex. 4. The four
Leonard Bond appeals his conviction and sentence
Facts
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license.
and yelled, "do not let that man back in." Id. Wilson
unarmed.
artery, another struck his chin, and a third hit his right
[...]
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that Bond flipped off Wilson with his middle finger and
next to his booth, first with his hand and then with his
Wilson yelled "do not let that man back in," and
request we decline.
[...]
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MASSACHUSETTS
Commonwealth v. Errico, 87 Mass. App. Ct. 1122 (MA Ct. App. 2015)
Key issues:
Reasonableness, fear based upon reputation for violence of attacker; Avoidance, duty-to-retreat;
Reasonable fear of harm.
Date:
Decision:
there can be no basis for introduction even of proper
The defendant in this case was found guilty of assault
Adjutant evidence.
2d 1 (2005) (Adjutant).
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MICHIGAN
People v. Dickerson, 2015 Mich. App. LEXIS 1034 (MI Ct. App. 2015)
Key Issues:
Date:
Decision:
degree or second-degree murder. A
[...]
I. INEFFECTIVE ASSISTANCE OF
COUNSEL
[...]
opening statement:
[I]n [defendant's] mind at the time the
[This case is] not a who did it. It's
first[-]degree murder.
left was to determine whether it was firstsounds bad. But the law of self__________________________________________________________________________________________
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retreating?
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[...]
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MINNESOTA
State v. Siltman, 2015 Minn. App. Unpub. LEXIS 468 (MN Ct. App. 2015)
Key Issues:
Date:
Decision:
on the history Mankey gave and his
Appellant challenges his conviction of
we affirm.
FACTS
[...]
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bodily harm.
proof to Siltman.
[...]
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MISSISSIPPI
Clayton v. State, 2015 Miss. App. LEXIS 273 (MS Ct. App. 2015)
Key Issues:
Weathersby rule: if defendant only (surviving) witnesses to homicide and his version
is both reasonable and consistent with innocence, and not controverted by physical
evidence, no reasonable juror could find guilt beyond a reasonable doubt, and
defendant is entitled to a directed verdict of not guilty.
Date:
Decision:
[...]
[...]
enhancement.
could see down the hall to where Clayton
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He testified:
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trial motions.
two issues:
the jury.
[...]
ANALYSIS
I. WEATHERSBY APPLICATION
a dresser drawer.
Clayton's first assignment of error is
After hearing the evidence presented, the
explained:
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in necessary self-defense[.]"
favor.
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defense.
Because Clayton's version of events
Additionally, while Clayton did turn
manslaughter.
[...]
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TEXAS
McCoy v. State, 2015 Tex. App. LEXIS 5202 (TX Ct. App. 2015)
Key issues:
Date:
Decision:
interjected a disparaging comment about
Ronald Kendric McCoy appeals his
court's judgment.
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[...]
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