Porter v. StateAnnotate this Case
Defendant, who was charged with solicitation, conspiracy, and first degree premeditated murder after contracting with a third party to kill her abusive husband, presented sufficient evidence that she felt as though she was in imminent danger to be entitled to a jury instruction on imperfect self-defense.
A jury found Defendant guilty of first-degree murder, conspiracy to commit first-degree murder, solicitation to commit first-degree murder, and use of a handgun in commission of a crime of violence. Defendant filed a motion for a new trial, arguing that the trial court gave an erroneous instruction on imperfect self-defense. The court of special appeals concluded that Defendant had not presented sufficient evidence to be entitled to an imperfect self-defense instruction, and therefore, any error in giving the instruction was harmless. The Court of Appeals reversed and remanded for a new trial on all counts, holding that the trial court’s misstatement of the law in its imperfect self-defense jury instruction was not harmless.