Louis E Cespedes v. Hon. lee/state

Summary

The court affirmed the denial of Cespedes’s motion to remand his case to the grand jury, holding that the prosecutor correctly instructed the grand jury on the justification defense and did not deprive Cespedes of a substantial procedural right. The court concluded that the instructions, viewed as a whole, required the grand jury to consider whether the use of force was justified and properly described an objective reasonableness standard. It also held that the child-abuse instruction did not preclude consideration of justification.