Supreme Court of Arkansas

Gregory Aaron Kinsey, Appellant v. State of Arkansas, Appellee — Danielson, J., Dissenting

November 17, 20162016 Ark. LEXIS 328

Summary

Justice Danielson, dissenting, would reject the majority's conclusion that the self-defense instruction was a complete statement of the law. He reasoned that, once evidence supported justification, the State had to disprove self-defense beyond a reasonable doubt, and that omitting this burden from the instruction deprived the appellant of a fair trial. He would reverse and remand, and would refer the instruction to the committee responsible for criminal model jury instructions.