People of Michigan v. Ronald Duane Roseburgh, 331356

Early morning encounter at defendant Ronald Roseburgh’s daughter’s home after the victim drove there for her injured daughter; argument ensued on the front porch.
Defendant pushed the victim off the porch; later at a truck in the driveway the victim testified defendant choked her and threatened her with a metal child’s bicycle.
Defendant admitted picking up the bicycle and pushing the victim but denied choking her, asserting he acted in self-defense.
Prosecution presented victim, granddaughter, and boyfriend testimony supporting choking and threatening with the bicycle; jury rejected defendant’s self-defense theory.
Defendant convicted of assault by strangulation, felonious assault (assault with a dangerous weapon), and assault and battery; sentenced as a fourth-offense habitual offender.
On appeal defendant argued the trial court erred by refusing to instruct the jury on the right to use force to protect property/eject a trespasser.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by refusing a requested jury instruction on defense of property/ejecting a trespasser	The prosecution implicitly argued the evidence did not support a defense-of-property instruction as to the charged offenses	Roseburgh argued evidence permitted an inference he used force to protect property (prevent theft/damage to the truck) and thus was entitled to the instruction	No error — the record did not support a defense-of-property instruction; defendant’s testimony and other evidence showed self-defense, not property defense, and the jury had been instructed on self-defense

People v Gillis, 474 Mich. 105 (discussion of review standards for jury instructions)
People v Dupree, 486 Mich. 693 (reversal for instructional error requires showing a miscarriage of justice)
People v Lukity, 460 Mich. 484 (standard for miscarriage of justice on instructional error)
People v Rodriguez, 463 Mich. 466 (defendant’s right to properly instructed jury)
People v Canales, 243 Mich. App. 571 (instructions must include defenses supported by evidence)
People v Riddle, 467 Mich. 116 (entitlement to instruction when evidence supports defense)
People v Shaffran, 243 Mich. 527 (historical statement on limits of force to protect property)
Bouverette v Westinghouse Electric Corp., 245 Mich. App. 391 (trial court must give additional instructions when model instructions are inadequate)