Opinion

Hernandez v. United States

  • 853 A.2d 202
  • 2004 D.C. App. LEXIS 374
  • 2004 WL 1516114
Court
District of Columbia Court of Appeals
Filed
Jul 8, 2004
Status
Published
Author
King
On the bench
Farrell, Glickman, King
Cited by
16 cases

a defendant is entitled to a jury instruction on self-defense if there is "some evidence" of it

How later courts described this case

  • a defendant is entitled to a jury instruction on self-defense if there is "some evidence" of it
  • “[A] defendant is entitled to a jury instruction on a theory of the case that negates his guilt . . . if the instruction is supported by any evidence, however weak.” (quoting Graves v. United States, 554 A.2d 1145, 1147 (D.C. 1989))
  • citation, internal quotation marks, brackets, and ellipsis omitted

Written by the judges who cited it.

The opinion

KING, Senior Judge,

dissenting.

Because evidence supporting a self-defense instruction was essentially nonexistent, I respectfully dissent from the majority’s reversal of the conviction in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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