State v. Williams
286 P.3d 195
| Kan. | 2012Background
- Williams was convicted of severity level 4 aggravated battery for stabbing Kelly in the head with a steak knife during an altercation at Williams’ home.
- Williams challenged unrequested jury instructions, arguing the district court should have sua sponte given no duty to retreat, defense of dwelling, and severity level 7 lesser included offense instructions.
- Evidence showed a fight outside Williams’ home with Kelly; a knife was recovered near the scene but not conclusively linked to the stabbing.
- Williams testified she acted in self-defense; police and hospital records described the injuries and treatment, including about 100 stitches.
- The Court of Appeals affirmed; a dissent urged for the other instructions; this court granted review to address unrequested instructions.
- The court held that omitting the no-duty-to-retreat and dwelling-instruction issues was not clearly erroneous, but found the evidence supported a lesser included offense instruction on severity level 7 and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| No duty to retreat instruction should have been given sua sponte | Williams | State | Not clearly erroneous; no sua sponte requirement found |
| Defense of dwelling instruction warranted or clearly erroneous to omit | Williams | State | Not clearly erroneous to fail to give |
| Lesser included offense instruction for severity level 7 aggravated battery required | Williams | State | Erroneous to omit, but not clearly erroneous; conviction affirmed |
Key Cases Cited
- State v. Scobee, 242 Kan. 421 (1988) (no-duty-to-retreat instruction where not requested)
- State v. Saleem, 267 Kan. 100 (1999) (no duty to retreat when facts similar)
- State v. Ricks, 257 Kan. 435 (1995) (limits Scobee to certain home-ground scenarios)
- State v. Hernandez, 294 Kan. 200 (2012) (lesser included offense instruction available for level 7 aggravated battery)
- State v. Winters, 276 Kan. 34 (2003) (basis for lesser included offense rulings)
- State v. Green, 280 Kan. 758 (2006) (great bodily harm as element; scope for lesser offense)
- State v. Peck, 237 Kan. 756 (1985) (standard of clearly erroneous review guidance)
- State v. Korbel, 231 Kan. 657 (1982) (statutory preservation and error review)