Anthony M. Idrogo, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that a defendant who presents evidence supporting self-defense is entitled to an instruction expressly stating that a non-aggressor has no duty to retreat before using deadly force when reasonably necessary. Although the defendant's tendered instruction improperly suggested a right to pursue a withdrawing aggressor, the trial court was required to provide a correct alternative instruction rather than reject the request entirely. The court reversed and remanded for a new trial. Justice VOLLACK, dissenting, would have held that the statutory self-defense instruction adequately incorporated the no-retreat doctrine and that no amplifying instruction was required.