On appeal from his third degree assault conviction based on injuries he inflicted on another inmate, defendant argued, inter alia, that he trial court erred in denying defendant's request for a self defense instruction. Defendant testified that he could not remember the incident, but video evidence showed that defendant backed the victim into a wall, lifted him off the ground, threw him to a concrete floor headfirst, and, after the victim lost consciousness, punched him 25 times in the head until he began seizing and convulsing on the floor. The Minnesota Court of Appeals noted that a reasonable juror could not find that the use of force was reasonable, and that defendant did not demonstrate that the absence of a reasonable possibility of retreat, and thus he was not entitled to a self defense instruction. Affirmed.
State v. Carter, A17-1210, Washington County.
Lynne Torgerson, Esq. was not attorney of record in this case.