State v. Penkaty

How courts have described this case

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

• explaining that while there is a general duty to retreat before acting in self-defense, “there is no duty to retreat when acting in defense of dwelling”
• noting that, although the defendant has the burden of going forward with evidence to support his claim of self-defense, the State alone bears the burden of proof on the issue
• finding plain error resulting from defense counsel’s apparent misunderstanding of scope of marital privilege statute, which meant that failure to object to wife’s testimony was not intelligent waiver of privilege
• considering the umbrella of self-defense claims including defense of dwelling and defense of others, a defendant “does not bear the burden of proof . . . [but] does bear the burden of production”
• “[A] prosecutor does not ‘represent’ the victim. A prosecutor represents the public interest and the sovereign and his goal is to see that justice is done.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).