JURY INSTRUCTIONS, THEORY OF
DEFENSE
Blythe, Doyle v. State,
COCA Case No.
M-2006-555
(April 12, 2007)
(Jury Instructions, Theory of Defense) Defendant is entitled to have theory
of defense set forth in instruction to jury, where there is evidence to support
it and the theory is tenable as a matter of law. Even if it is discredited and
wholly self serving. Remanded for new trial.
Carr, Byrin,
F-2000-1163, Sept. 27, 2001
Dowdy, Emily v. State,
COCA Case No. F-2001-171
(May 31, 2002)
(Jury Instructions, Theory of Defense. Court's pretrial decision to prohibit
involuntary intoxication defense and jury instructions was error, prejudicial,
and denied Appellant of a fundamentally fair trial. Reversed and remanded for
new trial.)
Griffith, Timothy v. State, COCA Case No.
F-2005-911 (March 21, 2007)
(Due Process; Jury Instructions, Theory of Defense) Appellant denied due
process of law by trial court’s erroneous exclusion of evidence and jury
instruction regarding theory of defense to the allegations. One count attempted
rape, reversed with instructions to dismiss.
Jackson, John v. State, COCA Case No. F-1998-825,
(Aug. 24, 1999)
(Jury Instructions, Self Defense, Right to Remain Silent)
Lamar, Robert Anthony v. State, COCA Case No. F-2000-1262,
(December 13, 2001)
(Jury Instructions– Lesser Included Offense; Theory of Defense)
Lynn, Ernest, COCA Case No.
F-2003-1136 (November
9, 2004)
(Jury Instructions - Theory of Defense) The Court held a convicted felon should
be allowed to disarm an armed attacker without risk of a conviction for
felonious possession. Adopted a justification defense in which a convicted
felon’s possession of a weapon under exigent circumstances is justified and the
conduct should not be declared criminal.
Schoonover, Gilda Marie v. State,
COCA Case No. F-2001-916
(August
15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court
committed fundamental error by instructing jury on the alternative theory of
knowingly permitting abuse of a minor child. Evidence presented at trial
sufficient to prove death was not accidental but does not support theory that
Appellant knowingly permitted her husband to inflict unreasonable force.
Reversed for New Trial.
Schoonover, John Edward v. State,
COCA Case No. F-2001-936
(August
15, 2002)
(Jury Instructions- theory of defense; Evidence - Insufficient.) Trial court
committed fundamental error by instructing jury on the alternative theory of
First-Degree Murder (Child Abuse) by its use of the "permitting" child
abuse instruction. Evidence presented at trial sufficient to prove death was not
accidental but does not support theory that Appellant knowingly permitted his
wife to inflict unreasonable force. Reversed for New Trial.
Troutt, Mark Anthony v. State, COCA Case No.
F-2003-1036 (September 10, 2004)
(Jury Instructions, Theory of Defense) Trial court’s refusal to instruct jury on
theory of defense of entrapment denied Appellant a fair trial. Reversed and
remanded for new trial.