State v. Holley

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,181 STATE OF KANSAS, Appellee, v. MARK HOLLEY III, Appellant. SYLLABUS BY THE COURT 1. An instruction on self-defense is legally appropriate when the defendant is charged with a forcible felony if that defendant is not already otherwise committing a forcible felony when he or she commits a separate act of violence. 2. A self-defense instruction is factually appropriate if competent evidence would permit a reasonable fact-finder to conclude that the defendant sincerely and honestly believed it was necessary to kill to defend the defendant or…