410 P.3d 1230
Ariz.2018Background
- Oct. 2013: Carson attended a party where he and J.M. fought inside; Carson displayed a gun. The fight spilled outside, where multiple people "jumped" Carson, punching and kicking him while he was on the ground.
- During the melee, shots were fired; J.M. and S.B. died and B.C. was wounded. Two bloodied knives were found near S.B.; no gun was recovered at the scene.
- Carson fled, was later arrested, and charged with two counts of second-degree murder and two counts of aggravated assault.
- At trial Carson denied being the shooter (misidentification defense) and requested a self-defense instruction; the trial court refused the instruction and the jury convicted him on all counts.
- The court of appeals reversed the murder convictions for erroneously refusing the self-defense instruction as to two victims but affirmed aggravated assault convictions; the Arizona Supreme Court granted review.
Issues
| Issue | State's Argument | Carson's Argument | Held |
|---|---|---|---|
| Whether a defendant may request a self-defense instruction while asserting misidentification | Permitting both is confusing and improper; a defendant who denies being the perpetrator should not get self-defense | If any evidence supports self-defense, the prosecution must disprove it; misidentification does not foreclose justification | A defendant may assert both; if slightest evidence of self-defense exists, prosecution must prove its absence and instruction must be given |
| Standard for giving self-defense instruction | Requires substantial proof defendant reasonably believed deadly force necessary | "Slightest evidence" of a hostile demonstration suffices to require instruction | The longstanding "slightest evidence" standard controls; low threshold to trigger instruction |
| Effect of legislative scheme on inconsistent-defense rule | Past case law (Plew line) should stand to avoid jury confusion | Plew conflicts with statute making justification non-affirmative; excluding self-defense shifts burden away from State | Court disavows Plew line because it conflicts with statutory allocation that State must disprove justification once evidence is introduced |
| Application to Carson's convictions | Evidence shows victims were fleeing and only Carson was seen with a weapon, undermining self-defense | Circumstantial evidence (Carson surrounded, punched/kicked, at least one assailant armed with knife) met "slightest evidence" standard for all three victims | Trial court erred in refusing self-defense instruction; convictions vacated and case remanded for new trial |
Key Cases Cited
- State v. King, 225 Ariz. 87 (discussing "slightest evidence" standard for self-defense instruction)
- State v. Plew, 150 Ariz. 75 (older rule precluding self-defense when defendant denies assault; disavowed)
- State v. Rushing, 243 Ariz. 212 (standard of review on instruction issues)
- United States v. Demma, 523 F.2d 981 (collecting authorities allowing inconsistent defenses)
- State v. Lujan, 136 Ariz. 102 (defining "hostile demonstration" for self-defense)
- State v. Grannis, 183 Ariz. 52 (apparent deadly force and reasonableness of belief)