Widdison v. State

The Supreme Court reversed Defendant’s conviction of aggravated assault and attempted second-degree murder for stabbing her uncle, holding that the district court erred in declining to give the defense’s proposed instruction regarding the duty to retreat in one’s residence.Based upon its conclusion that Defendant was not a resident of her uncle’s home, the district court declined to give Defendant’s proposed castle doctrine instruction to the jury. The Supreme Court held that the district court improperly resolved the disputed factual question of whether Defendant was a resident of her uncle’s home because the question of Defendant’s residence was a factual one. Therefore, the question should have been submitted to the jury. If the jury determined the home to be Defendant’s residence, the district court should have instructed the jury regarding the castle doctrine. Further, the district court erred when it gave an incorrect malice definition and abused its discretion when it prohibited testimony of specific instances of conduct relating to the victim’s character for violence. View "Widdison v. State" on Justia Law