Case Brief

Essay by bfulcher94University, Bachelor'sA, August 2014

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Brendan Fulcher

Case Brief 2

Tor Wynn

8 May 2013

Case Brief 2

This crime occurred on October 5, 1983. A man and his significant other (who occupy the same house) ate dinner together, and then met at a pool hall at separate times. The woman arrived first, when the man (also the defendant) arrived he saw his significant other talking to another man, he was angry because he thought that she was cheating on him. He states that the anger quickly subsided. He left the bar alone and walked home, 10 minutes later she arrived at their shared residence and told him that he had one week to find another place to live. He consented and went upstairs to change. She followed him and proceeded to attempt to choke him. He punched her in the face in order to force her to release him. She then told him that he needed to leave that night.

He said he was tired of her antics, but proceeded to get re dressed and follow her out of the room and in to the kitchen. When he entered the kitchen she swung a 9in long knife at him. He wrestled the knife out of her hands, he has stated that he could have left then, but she grabbed for the knife again, in the struggle the man states that she pulled the knife towards herself, when he pulled the knife away there was blood on the blade. She had stabbed herself in the struggle for the knife.

The man was convicted of manslaughter; he argues that it was self-defense and that the jury was not properly instructed on the stand your ground ruling in self-defense. The jury says that since he had an opportunity to get away, that deadly force was not needed,