State v. Perrier

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The legislature intended the phrase “not engaged in unlawful activity” in the self-defense statute, Tenn. Code Ann. 39-11-611, to be a condition of the statutory privilege not to retreat when confronted with unlawful force, and the trial court should make the threshold determination of whether the defendant was engaged in unlawful activity when he used force in an alleged self-defense situation.Defendant was convicted of attempted voluntary manslaughter as a lesser-included offense of attempted second degree murder and related offenses. The court of criminal appeals affirmed the convictions. The Supreme Court affirmed, holding (1) Defendant’s conduct of being a felon in possession of a firearm was unlawful activity for purposes of the self-defense statute, but the trial court’s jury instructions were harmless error; and (2) Defendant’s remaining arguments on appeal were without merit. View "State v. Perrier" on Justia Law