(Download) "State V. Slemmer" by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Slemmer
- Author : Arizona Supreme Court
- Release Date : January 19, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Michael Terry Slemmer (defendant) filed a petition for post-conviction relief, claiming he was entitled to a new trial because the jury that convicted him of assault with intent to commit murder was incorrectly instructed on the issue of self-defense. The trial court summarily dismissed his petition and denied his motion for reconsideration. The court of appeals held that the trial court properly denied relief. State v. Slemmer, 166 Ariz. 318, 802 P.2d 1017 (Ct.App.1990). We granted defendant's petition for review to determine whether the jury instruction constituted fundamental error under the rule of State v. Hunter, 142 Ariz. 88, 688 P.2d 980 (1984), and whether Hunter should apply retroactively to defendant's case. We have jurisdiction under article 6, § 5(3) of the Arizona Constitution and A.R.S. § 12-120.24.