Wahl v. Northern Improvement Company
2011 ND 146
| N.D. | 2011Background
- Starke, a 79-year-old man living alone, was charged with terrorizing after an incident at his home in January 2009.
- Tow truck operators assisted Starke with a stuck pickup; Starke allegedly refused to pay the bill, branding the operator a ‘crook.’
- Starke warned the operators to leave; he then displayed and pointed a loaded firearm at them, claiming it was loaded too.
- The operators left with the check; officers later arrested Starke and charged him with terrorizing.
- At trial, Starke argued self-defense and defense of property; the jury was given self-defense and defense-of-property instructions but not defense of premises.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defense of premises instruction was required | Starke | Starke | Defense of premises instruction required; conviction reversed and remanded |
Key Cases Cited
- Erickson v. Brown, 747 N.W.2d 34 (N.D. 2008) (jury instructions must fairly inform law; cannot mislead)
- State v. Blunt, 785 N.W.2d 909 (N.D. 2010) (instruction adequacy analyzed for fairness and applicability)
- State v. Falconer, 732 N.W.2d 703 (N.D. 2007) (self-defense instruction required if evidence supports it)
- Ness v. State, 774 N.W.2d 254 (N.D. 2009) (court may refuse instructions only if inapplicable)