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When is Self-Defense Not a Defense?

By Ron Chapman

          Several Florida cases in which defendants claimed self-defense have been overturned on appeal because the trial judge incorrectly read to the jury what is sometimes referred to as a forcible-felony jury instruction.  According to this particular jury instruction, a defendant may not claim that he acted in self-defense if he did so while "attempting to commit, committing, or escaping after the commission of, a forcible felony."           Perhaps an example taken from the Florida Supreme Court case of Martinez v. State of Florida would help to clarify this rather difficult jury instruction.            Suppose a person were to go into a convenience store and point a knife at the clerk while demanding all of the money in the cash register...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on January 01, 2009 (boomark / email).