278 P.3d 975
Kan. Ct. App.2012Background
- Robert Bellinger was convicted of aggravated assault and criminal threat; denial of self-defense and defense-of-property jury instructions on appeal.
- June 4, 2009: Katheryn and Michael Bellinger (his ex-wife and business partner) and Matthew visited Robert’s ranch to retrieve Katheryn’s grain truck; Michael remained in his truck.
- An argument over cattle and pasturing escalated; Robert retrieved a .22 rifle from a nearby truck and returned toward Michael’s pickup.
- Robert pointed a rifle at Michael, told him to leave, the rifle discharged, shattering the truck window; Michael and Katheryn were not struck.
- Michael and Matthew intervened; Michael wrestled for the rifle and was shot during the ensuing struggle; all three left the scene and called 911.
- The trial court denied self-defense and defense-of-property instructions; appellate court reviewed under the light most favorable to Robert.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying a self-defense instruction | Bellinger contends evidence supported self-defense under Hendrix and the 2010 statute revision. | State argues no reasonable belief of imminent threat; actions not justified; no instruction required. | No error; no reasonable, imminent threat; instructions not warranted. |
| Whether the trial court erred by denying a defense-of-property instruction | Robert asserts evidence related to pasture disputes supports defense-of-property. | State argues defense-of-property not supported by record and not justified. | No error; defense-of-property instruction properly denied. |
Key Cases Cited
- State v. Hendrix, 289 Kan. 859 (2009) (establishes standard for entitlement to self-defense instruction)
- State v. Ransom, 288 Kan. 697 (2009) (requires reviewing evidence in light most favorable to movant for instructions)
- McCracken v. Kohl, 286 Kan. 1114 (2008) (dual subjective-objective test for self-defense)
- State v. Ward, 292 Kan. 541 (2011) (discussion on reviewing sufficiency of evidence for self-defense)
- State v. Hill, 242 Kan. 68 (1987) (instruction on self-defense when evidence tends to establish it)