Young v. State

MANSFIELD, J.,

delivered the dissenting opinion.

Because I believe appellant was clearly entitled to a jury instruction on the defense of necessity and counsel was ineffective for failing to request such instruction, I respectfully dissent.

As set forth in the opinion of the majority, appellant was “arrested” by two civilian individuals, Brad and Don Hilliard, and forced to get into their truck. Appellant testified he was in fear of his life and attempted to escape by grabbing the nearest door handle. Donald Hilliard testified appellant threatened to kill them and subsequently grabbed the…