State v. Devan, 562 P.3d 1233

Evin Devan was convicted by a jury of aggravated assault following a physical altercation outside a bar, where he punched and kicked Steve, resulting in serious injuries to Steve's jaw.
The conflict arose after Steve believed he had been misled by Devan in a CBD/THC gummy transaction, prompting a heated exchange by text and then in person at the bar.
At trial, Devan did not dispute that he struck Steve but argued his actions were in self-defense, fearing attack based on Steve's aggressive demeanor and alleged gang affiliations.
The defense requested jury instructions emphasizing that actual danger is not necessary for self-defense if the defendant reasonably perceives danger, but the judge declined, relying on standard instructions.
Devan appealed, challenging the omission of this "Actual-Danger Instruction" and arguing ineffective assistance of counsel for failing to request instructions on lesser-included assault, aggressor definition, and defense of habitation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Omission of Actual-Danger Instruction	Court erred by not instructing that actual danger is not required for self-defense.	Law on apparent vs. actual danger was sufficiently covered by other jury instructions.	Omission was not abuse of discretion; jury instructions as a whole were adequate.
Ineffective Assistance: Lesser-Included Assault	Counsel should have requested a lesser offense instruction for misdemeanor assault.	Skipping lesser-included instruction was sound trial strategy aiming for full acquittal.	Counsel’s decision was reasonable trial strategy; not ineffective.
Ineffective Assistance: Aggressor Definition	Jury might not understand "aggressor"—should have been defined more precisely.	Term was clear; additional definition might hurt defense by implying Devan was aggressor.	Reasonable not to request; not deficient performance.
Ineffective Assistance: Defense of Habitation	Instruction should have been given since Devan feared imminent home burglary.	No evidence or legal basis for defense of habitation at bar against non-imminent threat.	Not entitled to instruction; not ineffective assistance.

State v. Karren, 438 P.3d 18 (Utah Ct. App. 2018) (abuse of discretion standard for refusal to give jury instructions and requirements for presenting a legal theory to the jury)
State v. Maestas, 299 P.3d 892 (Utah 2012) (jury instructions need only fairly state law and need not use party's preferred wording)
State v. Powell, 154 P.3d 788 (Utah 2007) (standard for entitlement to lesser-included offense instruction)
State v. Hull, 414 P.3d 526 (Utah Ct. App. 2017) (acceptable trial strategy to forgo lesser-included offense instructions)
State v. Gonzalez, 345 P.3d 1168 (Utah 2015) (discussing what constitutes an "aggressor" in self-defense law)