State v. Tulley

Associate Chief Justice Lee authored a concurring opinion.

Due to her retirement, Justice Durham did not participate herein; Court of Appeals Judge Kate A. Toomey sat.

Justice Petersen became a member of the Court on November 17, 2017, after oral argument in this matter and accordingly did not participate.

Justice Pearce, opinion of the Court:

INTRODUCTION

¶1 Travis Roger Tulley claims that while he was napping on Victim's couch, Victim held a knife to his forehead and attempted to grope his genitals. In response, Tulley violently assaulted Victim, a 71-year-old man. Tulley wanted to introduce…