Law Review and Bar Journal References:

"Arrest Under the New Kansas Criminal Code." Keith G. Meyer, 20 K.L.R. 685, 719 (1972).

"The Battered Woman's Syndrome Defense," Colleen Cacy, 34 K.L.R. 337, 349, 356 (1985).

"Criminal Law: The Kansas Approach to the Battered Woman's Use of Self-Defense [State v. Hundley, 236 Kan. 461, 693 P.2d 475 (1985)]," Shelley A. Ryan, 25 W.L.J. 174, 178 (1985).

"Murder, Self-Defense, and the Battered Woman Syndrome in Kansas[State v. Stewart, 243 Kan. 639, 763 P.2d 572 (1988)]," Nancy Ogle, 28 W.L.J. 400, 411 (1989).

"Rendering Each Woman Her Due: Can a Battered Woman Claim Self-Defense When She Kills Her Sleeping Batterer?" M.J. Willoughby, 38 K.L.R. 169, 175 (1989).

"Criminal Law: Marshaling the Defense—Indigent Defendants Guaranteed Psychiatric Assistance at Trial to Explain Battered Woman Syndrome [Dunn v. Roberts, 963 F.2d 308 (10 th Cir. 1992)]," Teresa Herdman, 32 W.L.J. 249, 256 (1993).

"City of Wichita v. Tilson: The Necessity Defense as Applied to Abortion Clinic Trespass," Terry Pfeifer, 42 K.L.R. Crim. Pro. 79, 88 (1994).

"Home on the Gun Range: Discussing Whether Kansas's New Stand Your Ground Statute Will Protect Gun Owners Who Use Disproportionate Force in Self-Defense," Annie Wells, 56 K.L.R. 983 (2008).

Attorney General's Opinions:

Purchase, sale and possession of tear gas or pepper mace for self-defense is not proscribed by statutes. 94-114.

CASE ANNOTATIONS

1. Use of force in self defense as reasonably necessary; evidence of threats admissible. State v. Blocker, 211 Kan. 185, 192, 505 P.2d 1099.

2. Section is codification of common law right of self defense; instructions not in exact language of statute upheld. State v. Stokes, 215 Kan. 5, 8, 9, 523 P.2d 364.

3. Referred to in determining court erred in failing to instruct on lesser offense in prosecution for second degree murder. State v. Clark, 218 Kan. 18, 23, 542 P.2d 291.

4. Applied; murder prosecution; instruction on manslaughter proper; erroneously given. State v. Greg-ory, 218 Kan. 180, 185, 542 P.2d 1051.

5. Instruction framed substantially in language of statutes not error; evidence sufficient; conviction of second degree murder affirmed. State v. Beard, 220 Kan. 580, 582, 552 P.2d 900.

6. No error in refusing to instruct hereunder; instruction not warranted by evidence. State v. Childers, 222 Kan. 32, 48, 563 P.2d 999.

7. Conviction for aggravated battery affirmed; no evidence compelling instruction hereunder. State v. Kleber, 2 Kan. App. 2d 115, 117, 575 P.2d 900.

8. Cited; instruction that defense of self-defense not available under K.S.A. 21-3214 held improper. State v. Sullivan, 224 Kan. 110, 125, 578 P.2d 1108.

9. Evidence insufficient to require instruction hereunder when force used was excessive as a matter of law. State v. Marks, 226 Kan. 704, 712, 602 P.2d 1344.

10. Conviction upheld; self-defense evidence not within test of this section. State v. Stringfield, 4 Kan. App. 2d 559, 562, 608 P.2d 1041.

11. Not error to refuse instruction in self-defense by person attempting to commit or committing forcible felony. State v. Purdy, 228 Kan. 264, 272, 615 P.2d 131.

12. Possession of firearm by felon not inherently dangerous and will not sustain conviction under felony murder rule. State v. Underwood, 228 Kan. 294, 305, 615 P.2d 153.

13. Mentioned in discussing meaning of "reasonable"; not unconstitutionally vague as used in K.S.A. 21-3608(1)(b). State v. Fisher, 230 Kan. 192, 193, 631 P.2d 239 (1981).

14. Trier of facts must determine reasonableness of accused's acts by objective rather than subjective standard; PIK Crim. 54.17 disapproved. State v. Simon, 231 Kan. 572, 573, 575, 646 P.2d 1119 (1982).

15. Purpose and conduct of preliminary hearing considered; conflict of testimony; test to be applied. State v. Jones, 233 Kan. 170, 172, 660 P.2d 965 (1983).

16. No showing that fatal shooting occurred while defending another; instruction on self-defense as to defendant only proper. State v. Martin, 234 Kan. 115, 118, 670 P.2d 1331 (1983).

17. Trial court erred in self-defense instruction by using PIK term "immediate" rather than statutory "imminent." State v. Hundley, 236 Kan. 461, 464, 469, 693 P.2d 475 (1985).

18. Use of PIK Crim.2d 54.17 impermissibly excluded from jury's consideration the effect on appellant of decedent's history of violence. State v. Osbey, 238 Kan. 280, 283, 284, 710 P.2d 676 (1985).

19. Cited; battered woman syndrome distinguished, expert witness testimony examined. State v. Hodges, 239 Kan. 63, 72, 716 P.2d 563 (1986).

20. Cited; when defendant entitled to instruction on self-defense examined. State v. Hill, 242 Kan. 68, 78, 744 P.2d 1228 (1987).

21. Cited; error in failing to instruct on absence of duty to retreat from attack examined. State v. Scobee, 242 Kan. 421, 427, 748 P.2d 862 (1988).

22. Cited; use of force to protect one's dwelling (K.S.A. 21-3212) or property (K.S.A. 21-3213) as not violating suspect's rights examined. State v. Clothier, 243 Kan. 81, 84, 753 P.2d 1267 (1988).

23. Cited; at second-degree murder (K.S.A. 21-3402) trial, instructions on voluntary manslaughter (K.S.A. 21-3403) and self-defense, but not involuntary manslaughter (K.S.A. 21-3404) examined. State v. Griblin, 12 Kan. App. 2d 677, 753 P.2d 843 (1988).

24. Cited; self-defense instruction by battered wife absent showing of imminent danger examined. State v. Stewart, 243 Kan. 639, 740, 763 P.2d 572 (1988).

25. Doctrine of self-defense not available where defendant willingly entered into mutual combat. State v. Meyers, 245 Kan. 471, 476, 781 P.2d 700 (1989).

26. Self-defense instruction unnecessary when no evidence introduced of any aggressor's imminent use of unlawful force. State v. Burgess, 245 Kan. 481, 486, 487, 781 P.2d 694 (1989).

27. Self-defense instruction in murder trial of inmate/defendants examined. State v. Wiggins, 248 Kan. 526, 528, 808 P.2d 1383 (1991).

28. Under the facts, defendant was not entitled to self-defense instruction. State v. Jordan, 250 Kan. 180, 183, 825 P.2d 157 (1992).

29. Two-pronged test to justify instruction on self-defense examined. State v. Tyler, 251 Kan. 616, 625, 840 P.2d 413 (1992).

30. Failure to request instruction on lesser offense as basis for self-defense theory examined. State v. Perez, 251 Kan. 736, 742, 840 P.2d 1118 (1992).

31. Noted in gambling charge trial (K.S.A. 21-4303) that PIK Crim.2d 65.06 instruction did not properly define "gambling place." State v. Schlein, 17 Kan. App. 2d 434, 442, 839 P.2d 58 (1992).

32. Request for instruction hereunder properly denied. Insufficient evidence for finding that defendant acted in self-defense or in defense of another. State v. Rutter, 252 Kan. 739, 740, 742, 743, 746, 752, 850 P.2d 899 (1993).

33. Requirement of an imminently dangerous situation before giving a defense-of-another instruction examined. State v. Hernandez, 253 Kan.705, 710, 713, 861 P.2d 814 (1993).

34. Whether defendant's attempted escape after committing forcible felony precludes self-defense jury instruction examined. State v. Shortey, 256 Kan. 166, 173, 884 P.2d 426 (1994).

35. Whether court erred by denying proposed instruction on attempted involuntary manslaughter as a lesser included offense of attempted first degree murder examined. State v. Collins, 257 Kan. 408, 417, 893 P.2d 217 (1995).

36. Evidence of defendant's conduct before crime sufficient to support court's giving initial aggressor instruction. State v. Adam, 257 Kan. 693, 701, 896 P.2d 1022 (1995).

37. Evidence insufficient to support trial court giving self-defense instruction. State v. Gayden, 259 Kan. 69, 81, 910 P.2d 826 (1996).

38. Trial court has affirmative duty to instruct on all lesser included offenses established by the evidence, even if it is weak and inconclusive. State v. Ordway, 261 Kan. 776, 784, 786, 787, 934 P.2d 94 (1997).

39. Claim of entitlement to self-defense instruction meritless where no effort to withdraw, escape or avoid killing. State v. Jackson, 262 Kan. 119, 123, 936 P.2d 761 (1997).

40. Defense of justification not available to person attempting to commit, committing or escaping from commission of forcible felony. State v. Jacques, 270 Kan. 173, 14 P.3d 409 (2000).

41. No error in not giving self-defense instruction (defendant shooting at uniformed police officer). State v. Lutter, 27 Kan. App. 2d 858, 10 P.3d 16 (2000).

42. No evidence warranting self-defense instruction. State v. Walker, 28 Kan. App. 2d 700, 20 P.3d 1269 (2001).

43. Two inquiries required when self-defense asserted for conduct resulting in death. State v. Walters, 284 Kan. 1, 8, 159 P.3d 174 (2007).

44. No error for failure to instruct on imperfect defense-of-others voluntary manslaughter. State v. White, 284 Kan. 333, 347, 348, 161 P.3d 208 (2007).

45. Cited in discussion of self-defense in felony murder case and lesser included offenses. State v. Kirkpatrick, 286 Kan. 329, 339, 357, 364, 184 P.3d 247 (2008).

46. Cited; no jury instruction given on self-defense and defendant requested none; no error. State v. Herron, 286 Kan. 959, 969, 189 P.3d 1173 (2008).

47. Cited; alleged error in failing to give self-defense instruction; no error found. State v. Cook, 286 Kan. 1098, 1105, 191 P.3d 294 (2008).

48. Cited; court discusses both subjective and objective tests for justifiable use of force. McCracken v. Kohl, 286 Kan. 1114, 1118, 1120, 191 P.3d 313 (2008).

49. Instruction on self-defense not warranted unless defendant used actual physical force; but see dissent. State v. Hendrix, 289 Kan. 859, 218 P.3d 40 (2009).

50. Jury instruction on "no duty to retreat" rule discussed; no prejudice to defendant's rights. State v. Deal, 41 Kan. App. 2d 866, 206 P.3d 529 (2009).

51. No evidence found to support an involuntary manslaughter instruction through the lawful act of self-defense. State v. Pennington, 43 Kan. App. 2d 446, 227 P.3d 978 (2010).

52. Even in a no-duty-to-retreat situation, only a reasonable use of force is permitted; self-defense claim rejected. State v. Brown, 46 Kan. App. 2d 210, 262 P.3d 1055 (2011).

53. Jury instruction on self-defense not warranted in attempted murder prosecution where evidence was insufficient to establish that defendant was justified in using force against victim. State v. Hamon, 46 Kan. App. 2d 356, 262 P.3d 1061 (2011).

54. Defendant not entitled self-defense instruction where defendant left confrontation with a person and returned with a loaded firearm and shot the same person. State v. Salary, 301 Kan. 586, 598, 343 P.3d 1165 (2015).