People of Michigan v. Carl Lemar Battle, 326918

After a bench trial, Battle was convicted of two counts of felonious assault and one count of felony-firearm.
The trial court sentenced two years’ imprisonment for felony-firearm and three years’ probation for each felonious assault.
The court found Battle drew and pointed his gun at Brandi Smith and Melena Hamilton when attempting to enter their home.
Battle appeals claiming the verdict was against the great weight of the evidence because self-defense was not considered.
On review, the court applies clear-error review to the trial court’s findings of fact and weighs the entire record.
The Court of Appeals affirmed, holding Battle was the initial aggressor and common-law self-defense did not apply.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the verdict against the great weight of the evidence regarding self-defense?	People contends the evidence supports guilt and self-defense is inapplicable.	Battle argues the trial court failed to consider self-defense and the verdict overweights the evidence.	No; verdict not against weight; self-defense unavailable; Battle initial aggressor; affirmed.

People v Dupree, 486 Mich 693 (2010) (self-defense limits; necessity of retreat)
People v Johnson, 293 Mich App 79 (2011) (felony-firearm elements)
People v Chambers, 277 Mich App 1 (2007) (elements of felonious assault)
Ambs v Kalamazoo Co Rd Comm, 255 Mich App 637 (2003) (clear-error standard for factual findings)
People v Lacalamita, 286 Mich App 467 (2009) (great-weight-of-the-evidence standard)
People v Allen, 295 Mich App 277 (2011) (reaffirming standards for weighing evidence)