Mitchell Burton v. State of Indiana

OPINION

PYLE, Judge.

STATEMENT OF THE CASE

Mitchell Burton (“Burton”) appeals his conviction of resisting law enforcement, a class D felony. 1

We reverse and remand.

ISSUE

The following issue is dispositive: whether the trial court abused its discretion in refusing to give Burton’s tendered self-defense and resistance of unlawful force instructions.

FACTS

At approximately 4:30 a.m. on December 25, 2010, Norman Northcutt (“Northcutt”) noticed a silver car parked across the street from his South Bend home. The car was parked in the opposite direction of what it should have been facing.

Approximately…