State v. Harvey, 372 N.C. 304

Defendant Alphonzo Harvey stabbed Tobias Toler during an August 2015 altercation at Harvey's mobile home; Toler died from a chest wound.
At trial Harvey admitted stabbing Toler but testified he was scared, had been threatened, and that Toler produced a pocketknife; Harvey said he retrieved a knife from inside his trailer to make Toler leave.
The trial court refused Harvey's requests to instruct the jury on perfect or imperfect self-defense (and also declined voluntary manslaughter), submitting only first- and second-degree murder and not guilty.
A jury convicted Harvey of second-degree murder; he was sentenced to 483–592 months imprisonment.
The Court of Appeals affirmed, holding the evidence did not permit a reasonable jury to find Harvey believed deadly force was necessary. The North Carolina Supreme Court affirmed the Court of Appeals.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Harvey)	Held
Whether the trial court erred by refusing to instruct on perfect self-defense	No — evidence insufficient to show Harvey actually believed deadly force was necessary or that such belief was reasonable	Yes — testimony that Toler threatened him, displayed a knife, and assaulted/threw objects created reasonable fear and entitled Harvey to instruction	No error; instruction not required because no evidence that Harvey believed he needed to kill to avoid death/great bodily harm
Whether the trial court erred by refusing to instruct on imperfect self-defense (voluntary manslaughter)	No — threshold elements (belief it was necessary to kill and reasonableness) were not met	Yes — at minimum evidence supported a reasonable belief (even if force was excessive), so imperfect self-defense instruction was warranted	No error; evidence did not permit a jury to find Harvey formed a reasonable belief that killing was necessary

State v. Moore, 363 N.C. 793 (defines threshold for self-defense instruction)
State v. Bush, 307 N.C. 152 (elements of perfect self-defense)
State v. Reid, 335 N.C. 647 (no instruction if no evidence defendant believed killing necessary)
State v. Locklear, 349 N.C. 118 (imperfect self-defense standard)
State v. Blankenship, 320 N.C. 152 (self-defense instruction not available where killing claimed to be accidental)
State v. Lyons, 340 N.C. 646 (self-serving testimony of being "scared" insufficient without facts supporting belief)
State v. Williams, 342 N.C. 869 (using a weapon merely to make others retreat does not require self-defense instruction)
State v. Spaulding, 298 N.C. 149 (reasonableness of fear is for the jury when evidence supports imminent danger)
State v. Webster, 324 N.C. 385 (defendant's fear testimony supported required jury instruction)
State v. Buck, 310 N.C. 602 (jury must be allowed to consider self-defense when defendant presents supporting evidence)