State v. Bult

How courts have described this case

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

• holding that the proof did not fairly raise the defense of another because the defendant’s belief that his daughter, who was crying as she was removed from his presence, was in imminent danger of death or serious bodily injury was not reasonable
• noting that a court considers the evidence in the light most favorable to the defendant in order to determine if the defense is fairly raised by the proof
• noting that, despite the defendant’s subjective belief to the contrary, the facts presented did not raise any indication that imminent harm was threatened in the context of the defense of necessity
• observing that the evidence, which established that the defendant kicked at a bedroom door after his daughter’s mother or grandmother took her forcibly from the kitchen to the bedroom where his daughter was crying and upset, did not fairly raise the “defense of another”
• “[T]he mere fact that the defendant believes that his conduct is justified [does] not suffice to justify his conduct.”
• “[W]e conclude that the defense of necessity was not fairly raised. . . . Thus, the defendant was not entitled to instructions for the vandalism charge regarding the defenses he raises.”

Source: CourtListener parenthetical corpus (CC0).