State v. Ricks

The opinion of the court was delivered by

McFarland, J.:

Herschel L. Ricks appeals his jury trial convictions of second-degree murder (K.S.A. 21-3402) and voluntary manslaughter (K.S.A. 21-3403).

INSTRUCTIONS

Defendant contends the trial court erred in three respects relative to jury instructions pertaining to self-defense. These three claimed errors are:

1. Refusal to give a “no duty to retreat” instruction;

2. giving, over defense counsel’s objection, an “initial aggressor” instruction; and

3. improperly limiting the jury’s consideration of prior conflicts between defendant and one of the victims.

T…