State v. Nunez

Summary

The court held that the district court properly denied Nunez statutory immunity because the State established probable cause that his use of force was not justified. It nevertheless held that the court erred by refusing to instruct the jury on involuntary manslaughter based on imperfect self-defense, and that the error was prejudicial because the requested offense required the jury to consider excessive force after an initially justified act. The court reversed Nunez's murder conviction and remanded for further proceedings.