State v. Herriges

Kevin M. Herriges appeals from a judgment of conviction following a jury trial and convictions of battery to a police officer (two counts) and escape. He raises three claims of error in the jury instructions. He argues, first, that the instructions regarding self-defense failed to explain Herriges' theory of defense; second, that one who provokes an assault in his own home is excused from the statutory duty to exhaust all reasonable means of evading harm before he can avail himself of self-defense; and third, that the trial court erred in not instructing the jury that self-defense was an…