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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
NORTH CAROLINA
PAGE
State v. Robinson, 2015 N.C. App. LEXIS 362 (NC Ct. App. 2015)
Key issues: Knife deadly weapon as a matter of law when used to cause serious injury,
regardless of character of knife; pre-arrest silence & failure to call the police
can be used against you
Date:
May 5, 2015
State v. Branch, 2015 N.C. App. LEXIS 349 (NC Ct. App. 2015)
Key issues:
Innocence (first aggressor); Proportionality (knife against unarmed
opponent); Reputation/character evidence.
Date:
May 5, 2015
!
!
11
TEXAS
Espinoza v. State, 2015 Tex. App. LEXIS 4699 (TX Ct. App. 2015)
Key issues:
Burden of production on the defendant; burden of persuasion on the State.
Date:
May 7, 2015
Wilcut v. State, 2015 Tex. App. LEXIS 4572 (TX Ct. App. 2015)
Key issues:
Burden of production on the defendant; burden of persuasion on the State;
defense of property, defense of others.
Date:
May 6, 2015
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! 13
VIRGINIA
Buchanan v. Commonwealth, 2015 Va. App. LEXIS 153 (VA Ct. App. 2015)
Key issues:
Excusable v. justified homicide; admissibility of defendants text messages.
Date:
May 5, 2015
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NORTH CAROLINA
State v. Robinson, 2015 N.C. App. LEXIS 362 (NC Ct. App. 2015)
Key issues:
Knife deadly weapon as a matter of law when used to cause serious injury, regardless of
character of knife; pre-arrest silence & failure to call the police can be used against you
Date:
May 5, 2015
Decision:
II. Analysis
[...]
[...]
logic, the fact that the trial court did include a jury
recognized that,
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557.
description.").
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marks omitted).
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him.
Q: Who else?
A: That's it.
A: Excuse me?
is my attorney anyway--
Q: Yes.
New York?
...
you had cut, why didn't you call the police and
course that.
A: I was scared.
Q: Scared of what?
your mother?
to jail.
yeah.
that?
story to?
A: That's it.
A: Yes, sir.
[...]
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[...]
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NORTH CAROLINA
State v. Branch, 2015 N.C. App. LEXIS 349 (NC Ct. App. 2015)
Key issues:
Date:
May 5, 2015
Decision:
II. Admission of Evidence under Rule 404(b)
770 (1989).
defendant.
"'The elements of a charge under G.S. 14-32(b) are
A. Standard of Review
Ryder, 196 N.C. App. 56, 66, 674 S.E.2d 805, 812
entrapment or accident." [ . . . ]
Michael in self-defense.
B. Discussion
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293 N.C. 353, 354, 237 S.E.2d 745, 747 (1977)). "The
merit.
S.E.2d at 747).
III. Conclusion
[...]
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TEXAS
Espinoza v. State, 2015 Tex. App. LEXIS 4699 (TX Ct. App. 2015)
Key issues:
Date:
May 7, 2015
Decision:
[...]
Once the defendant does so, the State then bears the
burden of persuasion to disprove the raised defense.
Analysis
condition. Id.
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TEXAS
Wilcut v. State, 2015 Tex. App. LEXIS 4572 (TX Ct. App. 2015)
Key issues:
Date:
May 6, 2015
Decision:
[...]
Id
B. Burden of Proof
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9.31(b)(4).
overruled.
Jury Charge
D. Analysis
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erroneous.
actor's care.
[...]
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VIRGINIA
Buchanan v. Commonwealth, 2015 Va. App. LEXIS 153 (VA Ct. App. 2015)
Key issues:
Date:
May 5, 2015
Decision:
[...]
BUCHANAN'S CONVICTIONS
excusable homicide.
App. 250, 257, 584 S.E.2d 444, 447 (2003) (en banc)
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underneath him.
and kill him, the jury could infer that Buchanan killed
convictions.
[...]
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