State v. Williams
Annotate this CaseDefendant was convicted of aggravated battery for stabbing her long-time friend multiple times in the head with a steak knife during an altercation inside of Defendant's home. The court of appeals affirmed the district court's decision. Defendant appealed, claiming that the district court should have, sua sponte, given instructions on no duty to retreat, use of force in defense of a dwelling, and a lesser included offense instruction on severity level seven aggravated battery. The Supreme Court affirmed, holding (1) even if the trial court erred in omitting the no duty to retreat instruction in this case, Defendant failed to establish the requisite level of prejudice; (2) the defense of dwelling instruction was not applicable to the facts of this case, and it was not clearly erroneous to fail to give that instruction; and (3) it was error not to give the lesser included offense instruction on severity level seven aggravated battery, but the failure to give the unrequested instruction was not clearly erroneous.
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