State v. Casey

OPINION

HOWARD, Judge.

¶ 1 Fletcher Casey was charged with aggravated assault and claimed he had acted in self-defense. Over objection, the trial judge instructed the jury that the state must prove the elements of the offense beyond a reasonable doubt but that Casey must prove self-defense by a preponderance of the evidence. Casey was convicted and appealed on due process grounds. The court of appeals affirmed the conviction and approved the jury instruction. State v. Casey, No. 1 CA-CR 00-0476, mem. dec. at ¶ 4 (Ct.App. April 12, 2001). We granted review to examine the validity of that…