Haygood v. the State

I concur fully in Division 1. For the reasons explained below, I respectfully dissent as to Division 2.

I believe that according to binding precedent the jury instruction that Haygood requested, regarding a person’s right to resist the use of excessive and unlawful force during the course of an arrest, concerns a challenge to the sufficiency of the evidence supporting an essential element of the offense of obstruction of an officer. The majority errs by instead categorizing the charge Haygood requested as concerning the affirmative defense of justification. This error led to the majority’s…