State v. Pabon

SILVER, J.,

with whom MEAD, J., joins, dissenting.

[¶ 40] I respectfully dissent from the opinion of the majority. The court’s failure to give an accurate self-defense instruction in this case worked a manifest injustice affecting Pabon’s substantial rights because it denied the jury the opportunity to evaluate Pabon’s self-defense argument. For this reason, the self-defense instruction was obvious error, and the judgment should be vacated and remanded for a new trial.

[¶ 41] As the majority states, the use of deadly force is justified when the person reasonably believes it is necessary for…