France v. Evans

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that trial court erred when it refused to instruct jury on self-defense theory and reversing conviction without considering whether the trial court’s failure to give the instruction was untenable or unreasonable to the prejudice of the defendant’s case
• concluding “some evidence” standard was satisfied by testimony of witnesses other than the defendant
• affirming trial court’s denial of mistrial and distinguishing cases where appellate court affirmed grant of mistrial, noting that “[a] trial court’s discretion is not abused simply because a different court might have reached a permissible contrary conclusion”
• the general rule in this jurisdiction is that a contemporaneous and specific objection is required to preserve an issue for appellate review
• “when evidence of self-defense is admitted, conduct negating the defense becomes an element of the charged offense, which the State must prove beyond a reasonable doubt” (citation omitted)
• “contemporaneous and specific objection is required to preserve an issue for appellate review”

Source: CourtListener parenthetical corpus (CC0).