People v. Hooker

Following a bench trial, defendant Charles Hooker was convicted of first degree murder for the shooting death of Kiwana Allen.

On appeal, defendant asserts that (1) he either acted in self-defense or should have been guilty of only second degree murder; (2) the second degree murder statute is unconstitutional because it requires a defendant to prove that his belief in the need for self-defense was unreasonable; and (3) the second degree murder statute unconstitutionally shifts the burden of proving a certain mental state to the defendant.

For the reasons which follow, we affirm defendant’s…