State v. Montgomery

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 127,162 STATE OF KANSAS, Appellee, v. TREMELLE MONTGOMERY, Appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 21-5404(a)(2), voluntary manslaughter under an imperfect self- defense theory occurs when an individual knowingly kills a human being upon an unreasonable but honest belief that circumstances existed that justified use of deadly force. 2. A defendant is entitled to instructions on the law applicable to his or her defense theory, so long as the evidence, when viewed in the light most favorable to the defendant, is sufficient to justify a…