State v. Zephier
Annotate this CaseAfter a jury trial, Jeremy Zephier was convicted of aggravated assault for attacking a man who entered the apartment in which Zephier was drinking alcohol with acquaintances. Zephier appealed. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in (1) denying Zephier's proposed instruction regarding when it is lawful to use force in preventing a trespass and instead giving a pattern jury instruction, as Zephier's proposed instruction misstated the law; and (2) denying Zephier's motion for a new trial, as Zephier's trial counsel did not commit misconduct and Zephier did not prove all the necessary factors to warrant a new trial based on newly discovered evidence.
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