State v. Perkins

Iff respectfully dissent from the majority’s opinion reversing the defendant’s conviction.

With respect to the first assignment of error, I do not find that the trial court erred in refusing to give the jury instructions on self-defense and justification. At the time at which Deputy Darren Vicknair testified he realized that there was or had been an altercation, he saw Desmond Douglas and Alvin Ivery facing off in the room. He could see that Ivery was holding two shanks behind his back. At that point, there was no physical confrontation between Douglas and the defendant or Douglas and Ivery or…