CB State v. Norman - Was the wife protected under the...

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State v. Norman 378 S.E. 2d 8 (N.C. 1989) Fact: Procedural Facts: Trial court convicted her. Appellate _. US Supreme court reversed appellate, giving her a whole new trial. Operative Facts: Defendant, was heavily abused by her spouse, and had battered wife syndrome, where she believes she can’t do anything, and her husband was invincible to the law. After it got worst, she got a gun one day, and shot him 3 times in the back of the head. She claims self defense, but trial courts didn’t allow evidence. Appellate court reversed. Supreme reversed the reverse, saying the jury got it right. Issue: Broad Question: Narrow Question:
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Unformatted text preview: Was the wife protected under the self-defense act? Rule: Self defense act works if there is immediate danger, and the defendant could not do anything else about it. Immediate danger of great bodily harm, or death. Rational: Since she killed him while he was sleeping, the courts argued over the fact if she did not do what she did, she would die, and put her family in danger too. Holding: The courts ruled that the self defense statutes at the moment did not included the act of “threat” because it would broaden the amount of “self defense” killing of spouses, or more. . Synthesis: Dissent/Concurrences:...
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