Mayfield v. State

Although I agree with the holding that took Judge Clinton 13 pages to reach, that because the evidence did not raise the issue, the trial court did not err in not giving the appellant’s requested instruction on the law of independent impulse, I am only able to concur in the result because there is just simply too much needless dicta in his 13-page opinion.

It is now axiomatic that if the evidence does not raise a defensive issue, the trial court is not required to give an instruction on the issue. See the many, many cases collated under West Criminal Law Key 772(6). Furthermore, before and…