United States v. Benally

LUCERO, Circuit Judge.

Arvin Benally appeals his conviction of voluntary manslaughter, arguing that the district court erroneously failed to instruct the jury on self-defense and involuntary manslaughter, and wrongly denied two motions to suppress evidence. We agree that the record reveals evidence upon which a reasonable jury could have acquitted defendant on the basis of self-defense, or, alternatively, found him guilty of involuntary manslaughter. Consequently, we reverse and remand for a new trial.1

I

On the night of October 3, 1995, Jonathan Benally, Arvin Benally, Rodrick Benally, Cheryl…