State v. Monroe, 233 N.C. App. 563

Defendant Antonio Alonzo Monroe was indicted for first-degree murder, possession of a firearm by a felon, and habitual felon status; jurors found him not guilty of first-degree murder but guilty of the other two charges.
The shooting occurred after a series of confrontations with the victim, Davis, including an incident at Gordon’s residence where Defendant took a gun from Gordon while Davis was present outside.
Davis returned with Smith and engaged in further threats; Davis allegedly stated he would “turn the heat up” on Defendant before the fatal shooting occurred.
Defendant requested a jury instruction on justification/self-defense as to the felon-in-possession charge, which the trial court denied.
The North Carolina Court of Appeals assumed arguendo that Deleveaux justification could apply, but held the evidence did not establish unlawful, imminent danger at the time Defendant possessed the gun, so no error occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Deleveaux apply in NC to possession by a felon?	Monroe contends justification may apply under Deleveaux.	State argues Deleveaux may apply as rare/extraordinary circumstances.	Assumed applicable, but insufficient evidence.
Must justification be supported by the evidence viewed in the defendant-friendly light?	Napier/Craig framework requires favorable view of evidence for instruction.	Court should view evidence in the defendant’s favor to determine entitlement.	Instruction requires evidence support; not met here.
Did the evidence support a justification defense for possession of a firearm by a felon in this case?	Defendant’s possession occurred under implied imminent threat; defense should be instructed.	There was an imminent threat and no reasonable legal alternative, justifying possession.	No substantial evidence of imminent threat; no entitlement to instruction.

U.S. v. Deleveaux, 205 F.3d 1292 (4th Cir. 2000) (four-element test for justification in felon-in-possession cases)
State v. Craig, 167 N.C. App. 793, 606 S.E.2d 387 (N.C. App. 2005) (necessity/justification framework; discusses timing of threat)
State v. Napier, 149 N.C. App. 462, 560 S.E.2d 867 (N.C. App. 2002) (assumed applicability of Deleveaux; evidence must show imminent threat)
State v. Boston, 165 N.C. App. 214, 598 S.E.2d 163 (N.C. App. 2004) (no imminent threat; justification not instructed)
State v. McNeil, 196 N.C. App. 394, 674 S.E.2d 813 (N.C. App. 2009) (possession of firearm by felon inside home; no imminent threat)
State v. Lyons, 340 N.C. 646, 459 S.E.2d 770 (N.C. 1995) (dual defenses; perfect self-defense vs. justification concepts)