State v. McCullough
Annotate this CaseCherish McCullough and LaShonda Callaway got into a fistfight at a convenience store. After other store patrons broke up the fight, McCullough went to her car, returned with a knife, maneuvered around another person, and fatally stabbed Callaway in the abdomen. McCullough was convicted of premeditated first-degree murder. At issue on appeal was whether the jury should have been instructed on self-defense. Under Kansas law, if McCullough willingly engaged in mutual combat she would not be entitled to claim self-defense unless she made a good-faith withdrawal and did everything within her power to avoid the killing. The Supreme Court affirmed McCullough's conviction, holding that because McCullough reengaged the conflict by returning to the store with a knife, she was not entitled to a self-defense instruction.
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