Friday, September 14, 2012

United States v. Peterson case brief

    • US v Peterson- While Keitt was attempting to steal windshield wipers from ∆’s car, ∆ went into his house and retrieved a pistol. After warning that he would shoot Keitt if he took another step, Keitt continued to advance toward ∆ and ∆ shot him in the face. ∆ was convicted of manslaughter and appealed, complaining that the judge erred in the jury instruction given w/ respect to his self defense claim.
      • One cannot raise a self defense claim if he is the aggressor. In order to claim self defense one must be w/o fault.
      • One who is an aggressor in a conflict culminating in death can’t invoke the necessities of self preservation. Only if he communicates a good faith attempt to withdraw may the right of self defense be reinstated.

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