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South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis
Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions
South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis by Richard Resch The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some …
Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions 
on Self-defense and Defense of Others
Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions, Jury Instructions in Jury Room
Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others by Douglas Ankney The Supreme Court of Minnesota clarified the standard for determining whether a defendant is entitled to a jury instruction on self-defense and defense of others. Applying …
Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant
Article • October 1, 2024 • from CLN October, 2024
Filed under: Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence
Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant by David Reutter by David M. Reutter The Supreme Court of Ohio held that a defendant need not “intend to harm or kill another person to be entitled to a self-defense jury instruction.” The …
Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses
Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia clarified that a criminal defendant need not “admit” anything — in the sense of acknowledging that any facts alleged in the charges against him are …
Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense
Article • January 21, 2020 • from CLN February, 2020
Filed under: Defenses, Habeas Corpus
Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s conditional grant of a petition for writ of habeas corpus on grounds …
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter
Article • June 17, 2019 • from CLN July, 2019
Filed under: Defenses
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter by David Reutter by David Reutter The Supreme Court of Arkansas held that the defense of justification is available to a defendant charged with manslaughter if the defendant was not reckless or negligent in forming the belief that force …
Deadly Force Mindset as Justifiable Defense Questioned
Article • April 12, 2019 • from CLN May, 2019
Filed under: Defenses
Deadly Force Mindset as Justifiable Defense Questioned by Kevin Bliss by Kevin Bliss The science of neurobiology and neuropsychology used to defend officers in shooting incidents has been described as arbitrary at best. Many experts contend there simply is not enough peer-reviewed material to substantiate it as an exculpatory defense. …
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense
Article • March 16, 2019 • from CLN April, 2019
Filed under: Defenses, Expert Witnesses, Mental Health
Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense by Chad Marks by Chad Marks The Supreme Court of Alaska held that a trial court was required under Alaska state law to appoint at least two qualified psychiatrists or …
Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case
Article • August 20, 2018 • from CLN September, 2018
Filed under: Defenses, Juries
Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case by Derek Gilna by Derek Gilna Catherine Bernard, a former public defender in Laurens County, Georgia, who now practices criminal defense, won yet another “not-guilty” jury verdict in a marijuana possession trial on July 12, 2018, by utilizing a modified “jury nullification” approach. …
Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants
Article • June 18, 2018 • from CLN July, 2018
Filed under: Defenses
Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants by Dale Chappell by Dale Chappell In a case of first impression before the Supreme Court of Wyoming, the Court held that a cohabitant who attacks another cohabitant in their shared home may raise the “castle doctrine” in a self-defense argument, defending …
Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert
Article • June 17, 2018 • from CLN July, 2018
Filed under: Defenses, Mental Health
Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert by David Reutter by David Reutter The Supreme Court of Vermont held that the State may not compel a defendant to submit to a competency evaluation conducted by a mental-health expert of the State’s choosing …
Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition
Article • May 15, 2018 • from CLN June, 2018
Filed under: DNA Testing/Samples, Crime Labs, Defenses
Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court allowed the post-conviction relief petition of a prisoner on death row to go forward to hearing based …
Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, witness misidentification
Arizona Supreme Court Announces Defendants May Claim Both Self-Defense and Misidentification by Richard Resch by Richard Resch The Supreme Court of Arizona announced that a defendant is entitled to a self-defense jury instruction while simultaneously claiming a misidentification defense (he or she did not, in fact, commit the offense). In …
Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals
Article • April 19, 2018 • from CLN May, 2018
Filed under: Sexual Harassment, Defenses
Iowa Supreme Court Announces Indecent Exposure Statute Does Not Apply to Still Images of Genitals by Dale Chappell by Dale Chappell Interpreting the word ‘exposes’ in Iowa’s indecent exposure statute, the Supreme Court of Iowa held on February 2, 2018 that texting an image of one’s genitals to another does …
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It
Article • April 19, 2018 • from CLN May, 2018
Filed under: Defenses, Jury Instructions
Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a …
Indigent Defense in America: An Affront to Justice
Article • March 16, 2018 • from CLN April, 2018
Filed under: Discrimination, Public Defenders, Indigent Defense, Civil Procedure, Defenses, Criminal Procedure
Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …