State v. A. Smith

Summary

The court held that a defendant may alternatively assert justifiable use of force and seek a mitigated deliberate homicide instruction when trial evidence supports both theories, because those theories are not categorically inconsistent. The district court therefore erred in its categorical pretrial ruling, but the error was harmless because Smith identified no admissible evidence supporting mitigation and failed to make an offer of proof. The court also declined plain-error review of the district court's handling of juror questions because Smith did not show a manifest miscarriage of justice.