State v. Marquez
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The Supreme Court affirmed the judgment of the district court convicting Defendant of felony assault on a peace officer, holding that the district court did not abuse its discretion when it decided not to instruct the jury on the defense of justifiable use of force.
On appeal, Defendant challenged the district court judge's determination that there was not sufficient evidence to warrant justifiable use of force instructions. The Supreme Court affirmed, holding (1) the evidence presented did not demonstrate unlawful force by the officer that would justify self-defense; and (2) therefore, the denial of Defendant's proposed justified use of force instructions was not an abuse of discretion.
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