Gutierrez v. State

VEASEY, Chief Justice.

In this appeal we consider the quantum of evidence that is sufficient to require that a trial court grant a defendant’s request for a jury instruction on self-defense. We conclude that a defendant has submitted sufficient evidence to satisfy the credible evidence threshold for a self-defense instruction if the defendant’s rendition of events, if taken as true, would entitle him to the instruction. Therefore, we reverse the Superior Court’s judgment.

Facts

On May 16, 2002, a correctional officer escorted Caídos Gutierrez, an inmate at the Delaware Department of Correction,…