State v. Etienne

Because I believe that the trial court erred in instructing the jury regarding the amount of force the defendant was permitted to use in self-defense or defense of others, I respectfully dissent from Part 11(A) of the majority’s thoughtful opinion. I concur, however, in the remainder of the opinion.

The trial court instructed the jury, in pertinent part, as follows:

The defendant must reasonably believe that the amount of force he used was necessary for self-defense or defense of others. A person is not permitted to use excessive force in self-defense, only a reasonable amount of force. The…