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State v. Castleberry

Syllabus

1. The trial court modified the standard defense-of-premises instruction, borrowinglanguage from a burglary case to tell the jury that the victim had an \absoluteand unlimited right\ to remain in the apartment, and instructed the jury underthe civil Landlord-Tenant Act. Was that error because it redirected the juryfrom the elements of the defense-of-premises justification? 2. Joe assaulted Castleberry, stormed out, then returned uninvited and forced his waythrough a locked door. Did the trial court err by refusing to instruct the jurythat Castleberry's use of deadly force was presumptively reasonable underA.R.S. § 13-419?

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Cites

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