State v. Swindell

Summary

The Court reversed the Court of Appeals and held that defendant was not entitled to a jury instruction on justification as a defense to possession of a firearm by a felon. Viewing the evidence in the light most favorable to defendant, the Court concluded that his decision to return to and remain at a volatile location after an earlier confrontation constituted at least negligent placement in a situation requiring criminal conduct, defeating the second element of justification. The Court therefore did not reach the third element.