Michigan v. Triplett (Opinion on Application)Annotate this Case
Jason Triplett was convicted by jury on counts of domestic violence, carrying a concealed weapon and felonious assault. The charges arose after he threatened to use his utility knife to escape from two men who had stopped their vehicle when they spotted defendant and his wife fighting on the side of the road. The trial court instructed the jury that self-defense was a defense to the charge of felonious assault but that it was not a defense to carrying a concealed weapon (CCW). The Court of Appeals affirmed. Contrary to the Court of Appeals’ determination, the Michigan Supreme Court concluded that the common-law affirmative defense of self-defense was indeed available to a defendant charged with CCW for concealing an instrument which is a dangerous weapon only because it is used as a weapon. Accordingly, the Court reversed the judgment of the Court of Appeals, vacated defendant’s CCW conviction, and remanded this case for further proceedings.