State v. Vaughn, 227 N.C. App. 198

Defendant Vaughn was tried for assault with a deadly weapon with intent to kill and inflicting serious injury (trial occurred March 5–7, 2012).
The incident began April 18, 2009, at Music City nightclub in Greensboro, involving Vaughn, Kenney, and Pressley.
Kenney and Vaughn returned to the parking lot after an interaction with Pressley, where Vaughn later armed herself with a knife.
Pressley assaulted Vaughn; Kenney intervened; after a separate altercation, Vaughn stabbed Pressley in the chest during a confrontation involving multiple parties.
Vaughn was convicted and sentenced; she appealed, challenging the jury instruction on self-defense as an aggressor.
The appellate court granted a new trial due to plain error in the aggressor instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the aggressor element instruction was appropriate given the evidence.	Vaughn contends no evidence shows she was aggressor.	Vaughn argues instruction improperly barred self-defense not supported by evidence.	New trial granted; error prejudicial.

State v. Jenkins, 202 N.C. App. 291 (N.C. App. 2010) (instruction improper when no evidence defendant was aggressor; new trial)
State v. Porter, 340 N.C. 320 (N.C. 1995) (where instructions on aggressor are unsupported, new trial)
State v. Wynn, 278 N.C. 513 (N.C. 1971) (defendant not aggressor when he did not start fight)
State v. Tann, 57 N.C. App. 527 (N.C. App. 1982) (armed in anticipation; no clear aggressor; improper aggressor instruction)
State v. Washington, 234 N.C. 531 (N.C. 1951) (defendant opened confrontation but not clearly aggressor; new trial)
Ward, 26 N.C. App. 159 (N.C. App. 1975) (prejudicial error when aggressor instruction given without evidence)