Description: Charlotte, Tennessee, criminal defense lawyer represented the Defendant charged with first degree murder and aggravated assault.

After a jury trial, Defendant was found guilty of the lesser included offense of second degree murder and not guilty of aggravated assault. The trial court denied a motion for new trial and Defendant appealed, arguing that the evidence was not sufficient to support the conviction for second degree murder and that the trial court erred by refusing to charge the jury with a self-defense instruction. After a review, we conclude that the evidence was sufficient to sustain the conviction for second degree murder and that Defendant was not entitled to a self-defense instruction where the proof established that Defendant had a duty to retreat and failed to do so.

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Legal issue Did the trial court err in denying a self-defense jury instruction in a second-degree murder conviction when the defendant argued insufficient evidence supported the conviction and claimed self-defense?
Headnote

CRIMINAL LAW. SUFFICIENCY OF EVIDENCE. The case concerns an appeal against a conviction for second degree murder, where the defendant claimed that the evidence did not support his "knowing" conduct as required for the offense.

CRIMINAL LAW. SELF-DEFENSE INSTRUCTIONS. The appellate court reviewed whether the trial court erred in failing to provide the jury with a self-defense instruction, concluding that the defendant did not reasonably retreat when necessary, thus not warranting such an instruction.

Key Phrases First degree murder. Lesser included offense. Second degree murder. Self-defense instruction. Appeal and conviction affirmation.

Outcome: Affirmed

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Defendant's Experts:

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