State v. Dennis James Garner

MELANSON, Chief Judge.

Dennis James Garner appeals from his judgment of conviction for battery on a jailer/correctional or detention officer. Specifically, Garner alleges that the district court erred in ruling that Garner was not entitled to a self-defense jury instruction. For the reasons set forth below, we vacate Garner’s judgment of conviction and remand for a new trial.

I

FACTS AND PROCEDURE

Garner was arrested for public intoxication. Garner was increasingly uncooperative as officers tried to search him during intake and booking. While being taken to a holding cell, Garner spat on an…