State v. Stenger

Dissenting Opinion by

NAKAYAMA, J.,

in which MOON, C.J., joins in part.

I respectfully dissent from the majority’s holdings that: (1) the ICA gravely erred because the trial court should have sua sponte instructed the jury on the mistake of fact defense; and (2) the trial court’s failure to separately instruct the jury on the mistake of fact defense was not harmless.

A. The Trial Court Was Not Required To Instruct the Jury Sua Sponte On the Mistake Of Fact Defense.

The majority holds that the ICA gravely erred because the trial court should have sua sponte instructed the jury on the mistake of…