State v. O'Bryan

Summary

The concurrence agrees that the trial court correctly instructed the jury regarding the subjective belief required for self-defense and that the conviction should be affirmed. It disagrees with the majority's analysis of combat by agreement, concluding that the statute categorically makes self-defense unavailable after such a finding and that the erroneous instruction benefited the defendant. Because the opinion concludes the error favored the defendant, it determines that the defendant was not deprived of a fair trial.