Stiers v. State

The majority is correct when it notes “[a] self-defense instruction must be submitted “when substantial evidence is adduced to support it, even when that evidence is inconsistent with the defendant’s testimony.’” State v. Avery, 120 S.W.3d 196, 200 (Mo. banc 2003) (citation omitted). However, a defense inconsistent with the defendant’s testimony is only available where the State or a third party offers evidence of the defendant’s prior inconsistent statements supporting self-defense. Id. at 200-01. See also State v. Houcks, 954 S.W.2d 636, 639 (Mo.App. W.D.1997). In the current case, neither…