State v. Williams (Concurrence & Dissent)

Summary

This concurring and dissenting opinion agrees that the ammunition conviction should be vacated but disagrees with reversing the first-degree manslaughter conviction. It reasons that the self-defense statute does not require the state to disprove self-defense beyond a reasonable doubt when the defendant recklessly kills someone other than the person against whom deadly force was purportedly necessary, although the jury may consider self-defense in deciding whether the defendant acted recklessly. The opinion also concludes that the necessity defense was unavailable because the claimed danger did not involve an external physical force and duplicated the self-defense theory.