Higgenbottom v. United States

FERREN, Senior Judge:

After a jury trial, appellant was convicted of aggravated assault while armed, possession of a prohibited weapon (pipe), and two counts of assault with a dangerous weapon. 1 In this appeal, appellant challenges (1) the trial court’s failure to hold additional hearings sua sponte before sentencing, in order to examine retroactively appellant’s competency at trial; 2 (2) the court’s refusal to give a self-defense jury instruction expressly concerning “duty to retreat”; and (3) the court’s failure to take additional corrective action, beyond the limiting instruction that it…