United States Sixth Circuit

The right of a criminal defendant to assert self-defense is a fundamental right, and failure to instruct a jury on self-defense when the instruction has been requested and there is sufficient evidence to support such a charge violates a defendant's due process rights; however, here, evidence did not support instructions of justified or imperfect self-defense, and grant of habeas relief based on court's refusal to give those instructions was error.

Appellate Information

• Argued 01/24/2002
• Decided 03/28/2002
• Published 03/28/2002

Judges

• Before MERRITT, BOGGS, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Eric W. Taylor, Jackson, MI, pro se.


• For Appellees:
  
• Stuart G. Friedman (argued and briefed), Plymouth, MI, for Petitioner-Appellee., William C. Campbell (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.