Legal Opinion

State of Arizona v. Antajuan Stewart Carson Jr.

Arizona Supreme Court

Decided February 27, 2018No. CR-17-0116-PRPublishedCited by 2 opinions

1Opinion of the Court

JUSTICE TIMMER, opinion of the Court:

¶ 1 Our courts have consistently prohibited a defendant from simultaneously claiming self-defense and asserting a misidentification defense. We now disavow that approach. We hold that if some evidence supports a finding of self-defense, the prosecution must prove its absence, and the trial court must give a requested self-defense jury instruction, even when the defendant asserts a misidentification defense.

BACKGROUND

¶ 2 We view the evidence in the light most favorable to a defendant's request for a self-defense instruction. See State v. King , 225 Ariz. 87…

2Cases cited21 opinions

  1. United States v. Anthony J. Demma, United States of America v. Henry BrulayCourt of Appeals for the Ninth Circuit · 1975
  2. State v. MottArizona Supreme Court · 1997
  3. State v. WallArizona Supreme Court · 2006
  4. State v. StuardArizona Supreme Court · 1993
  5. State v. DuganArizona Supreme Court · 1980

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3Cited by2 opinions

  1. State of Arizona v. Sophia Leeann RichterArizona Supreme Court · 2018
  2. State v. MedinaCourt of Appeals of Arizona · 2018

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