Culverson v. State

with whom Springer, J., agrees:

I agree with the majority that Instruction No. 17 may have been confusing to the jury and the instructions did not legally address the situation where a defendant is not in fact faced with actual or immediate danger, but reasonably believes that his or her assailant could kill him or her. But in considering the duty to retreat in the face of deadly force, I would require a non-aggressor to retreat if he or she could do so in complete safety. This differs somewhat from the majority’s position that a non-aggressor does not have to retreat, even though he or she…