Articles Tagged with WHAT IS REASONABLE?

The North Carolina Court of Appeals, in the December 31, 2020 published opinion North Carolina v. Charles Stephens (State v. Stephens No. COA19-425), sets forth what is required for a Jury Instruction on Self Defense.

In determining what evidence is sufficient, such that the Defendant is entitled to a jury instruction on a mitigating factor or a defense, the Court must consider the evidence presented at trial in the light most favorable to the defendant.

The trial court has the duty to instruct the Finder of Fact on all features deemed substantial in a case.