State v. LeFaber

913 P.2d 369, 128 Wash. 2d 896
CourtWashington Supreme Court
DecidedMarch 28, 1996
Docket63090-9
StatusPublished
Cited by147 cases

This text of 913 P.2d 369 (State v. LeFaber) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. LeFaber, 913 P.2d 369, 128 Wash. 2d 896 (Wash. 1996).

Opinions

Dollxver, J.

— Defendant Victor A. LeFaber challenges a trial court instruction as erroneously requiring that the jury find actual danger of imminent harm to accept his claim of self-defense. The court agrees the jury instruction failed to make manifestly clear the law of self-defense and thereby prevented Defendant from obtaining a fair trial. We reverse Defendant’s conviction.

On the night of December 11, 1989, Defendant shot and killed Evan Stephens. See State v. LeFaber, 77 Wn. App. 766, 767-68, 893 P.2d 1140 (1995). Charged with second degree murder, Defendant argued self-defense, asserting Stephens’ drunken belligerence that night and reputation for violence created a credible threat of imminent danger to justify the killing. The trial court gave a single jury instruction, instruction 20, explaining the requirements of self-defense:

It is a defense to a charge of Murder in the Second Degree, Manslaughter in the First Degree, and Manslaughter in the Second Degree that the homicide was justifiable as defined in this instruction.
Homicide is justifiable when committed in the lawful defense of the defendant or any person in the defendant’s [899]*899presence or company when the defendant reasonably believes that the person slain intends to inflict death or great personal injury and there is imminent danger of such harm being accomplished.
The defendant may employ such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the defendant taking into consideration all the facts and circumstances known to the defendant at the time and prior to the incident. The force employed may not be more than is necessary.
The State has the burden of proving beyond a reasonable doubt that the homicide was not justifiable.

Clerk’s Papers at 36.

The jury found Defendant guilty of first degree manslaughter. The Court of Appeals affirmed the conviction, with Judge Schultheis concurring in part, dissenting in part. LeFaber, 77 Wn. App. at 772. The Supreme Court granted discretionary review.

Defendant primarily complains instruction 20 contained an impermissible ambiguity allowing jurors to misinterpret the elements of self-defense as requiring a finding of actual harm. Defendant also challenges his conviction on the grounds the trial court failed to provide an instruction on the State’s burden of proof in a self-defense claim, erroneously excluded witness testimony regarding the victim’s prior violent acts, and committed cumulative errors. Because we reverse Defendant’s conviction on the basis of the ambiguous self-defense instruction, we need not reach his additional arguments.

The standard for self-defense is well settled. A jury may find self-defense on the basis of the defendant’s subjective, reasonable belief of imminent harm from the victim. State v. Janes, 121 Wn.2d 220, 238-39, 850 P.2d 495, 22 A.L.R.5th 921 (1993); State v. Allery, 101 Wn.2d 591, 594-95, 682 P.2d 312 (1984). A finding of actual imminent harm is unnecessary. State v. Theroff, 95 Wn.2d 385, 390, 622 P.2d 1240 (1980); State v. Miller, 141 Wash. [900]*900104, 105, 250 P. 645 (1926). Rather, the jury should put itself in the shoes of the defendant to determine reasonableness from all the surrounding facts and circumstances as they appeared to the defendant. Janes, 121 Wn.2d at 238-39; Allery, 101 Wn.2d at 594; State v. McCullum, 98 Wn.2d 484, 656 P.2d 1064 (1983); State v. Wanrow, 88 Wn.2d 221, 235-36, 559 P.2d 548 (1977).

Jury instructions must more than adequately convey the law of self-defense. Allery, 101 Wn.2d at 595. The instructions, read as a whole, must make the relevant legal standard " ' "manifestly apparent to the average juror.” ’ ” Allery, 101 Wn.2d at 595 (quoting State v. Painter, 27 Wn. App. 708, 713, 620 P.2d 1001 (1980), review denied, 95 Wn.2d 1008 (1981)). In Allery, for example, the court disapproved a jury instruction that adequately conveyed the reasonableness standard for self-defense but, by omitting a direction to consider all surrounding circumstances, failed to make that standard manifestly clear. Allery, 101 Wn.2d at 593, 595. A jury instruction misstating the law of self-defense amounts to an error of constitutional magnitude and is presumed prejudicial. See, e.g., McCullum, 98 Wn.2d at 487-88; Wanrow, 88 Wn.2d at 237.

Although this court has approved as constitutional self-defense instructions identical or similar to instruction 20, we have not yet had occasion to address the specific challenge Defendant raises here. See State v. Benn, 120 Wn.2d 631, 658 & n.5, 845 P.2d 289, cert. denied, 114 S. Ct. 382, 126 L. Ed. 2d 331 (1993); State v. Jones, 95 Wn.2d 616, 623-24, 628 P.2d 472 (1981); see also State v. Brenner, 53 Wn. App. 367, 375-76, 768 P.2d 509, review denied, 112 Wn.2d 1020 (1989); State v. Negrin, 37 Wn. App. 516, 521-22 n.1, 681 P.2d 1287, review denied, 102 Wn.2d 1002 (1984); State v. Heath, 35 Wn. App. 269, 273, 666 P.2d 922, review denied, 100 Wn.2d 1031 (1983). Defendant objects to the language "there is imminent harm” and its placement in the instruction as permitting two reasonable interpretations, one an accurate statement of the law and one erroneous. Jurors could obtain the proper statement of the [901]*901law by reading the sentence as: "when the defendant reasonably believes that . . . there is imminent danger of such harm being accomplished.” At the same time, jurors could as easily believe actual harm was required by reading the sentence as: "when . . . there is imminent danger of such harm being accomplished.”

The State asserts instruction 20 adequately conveys the law of self-defense because its language mirrors that of the current pattern jury instruction:

Homicide is justifiable when committed in the lawful defense of [the slayer] when:
(1) the slayer reasonably believed that the person slain intended [to inflict death or great personal injury];
(2) there was imminent danger of such harm being accomplished', and
(3) the slayer employed such force and means as a reasonably prudent person would use under the same or similar conditions as they reasonably appeared to the slayer, taking into consideration all the facts and circumstances as they appeared to [him], at the time of. . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Of Washington, V. Kenneth Alvin Cupps
Court of Appeals of Washington, 2025
State Of Washington, V. Thomas A. Donaghe
Court of Appeals of Washington, 2025
State Of Washington, V. Justin James Daniels
Court of Appeals of Washington, 2025
State Of Washington, V. David Maximillian Parkhill
Court of Appeals of Washington, 2024
State Of Washington, V. Raymond Walter Sanchez
Court of Appeals of Washington, 2024
State Of Washington, V. Courtney Humphrey Felton
Court of Appeals of Washington, 2024
State Of Washington, V. Jashawn Demeatrus Mcghee
Court of Appeals of Washington, 2024
State Of Washington, V. Ricardo Cortez Kiner, Jr.
Court of Appeals of Washington, 2023
State Of Washington, V. Bradley Shaw
Court of Appeals of Washington, 2023
State Of Washington, V. Johnny Lee Gullotto Jr.
Court of Appeals of Washington, 2022
State of Washington v. Oliver James Harmon
Court of Appeals of Washington, 2022
State v. Jennings
502 P.3d 1255 (Washington Supreme Court, 2022)
State Of Washington, V Bruce Frank Fanning
Court of Appeals of Washington, 2022
State v. Weaver
496 P.3d 1183 (Washington Supreme Court, 2021)
State Of Washington v. Wesley Young
Court of Appeals of Washington, 2021
State Of Washington v. William Lewis Marion
Court of Appeals of Washington, 2021
State Of Washington v. Justin Nicholas Jennings
474 P.3d 599 (Court of Appeals of Washington, 2020)
State Of Washington v. Bless Chiechi
Court of Appeals of Washington, 2020
State Of Washington, V Kenshon Devonte Stokes
Court of Appeals of Washington, 2020
State Of Washington v. Q.S.J-T.
Court of Appeals of Washington, 2020

Cite This Page — Counsel Stack

Bluebook (online)
913 P.2d 369, 128 Wash. 2d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lefaber-wash-1996.