Michael Cunningham v. State

Michael Cunningham challenges his conviction and sentence for aggravated assault with a firearm, arguing, among other things, that the court erred in failing to give a requested justifiable use of non-deadly force jury instruction. Based on this 1 error, we reverse and remand for a new trial.

The state charged Cunningham with aggravated assault with a firearm, based on a confrontation he had with a process server who came to Cunningham’s home after sunset. The defense presented evidence that the process server walked around the perimeter of the house and left, and that when he returned, he…