State v. Swindell
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The Supreme Court reversed the decision of the court of appeals determining that the trial court committed prejudicial error in denying Defendant's request for a jury instruction on justification as a defense to the charge of possession of a firearm by a felon, holding that the trial court did not err.
After a jury trial, Defendant was convicted of second-degree murder and possession of a firearm by a felon. The court of appeals reversed the conviction and remanded for a new trial, holding that the trial court committed prejudicial error by denying Defendant's requested instruction on justification. The Supreme Court reversed, holding (1) this case did not support all four elements of the justification defense as required by State v. Mercer, 838 S.E.2d 359 (N.C. 2020); and (2) therefore, the court of appeals erred in reversing Defendant's conviction and remanding for a new trial.
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