History:
L. 1969, ch. 180, § 21-3214; L. 2010, ch. 124, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.
CASE ANNOTATIONS
1. 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.
2. Referred to in holding court did not err in refusing to instruct on involuntary manslaughter in prosecution for murder, under facts. State v. Franklin, 221 Kan. 739, 744, 561 P.2d 860.
3. Section discussed; instruction hereunder taking question of fact from jury held improper. State v. Sullivan, 224 Kan. 110, 125, 578 P.2d 1108.
4. Cited in holding instruction on self-defense unavailable where excessive force used. State v. Marks, 226 Kan. 704, 712, 602 P.2d 1344.
5. Self-defense through force not barred hereby if jury believed defendants were not engaged in forcible felony despite state's evidence of aggravated robbery. State v. Antwine, 4 Kan. App. 2d 389, 399, 400, 607 P.2d 519.
6. 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.
7. 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.
9. Where evidence clear that no self-defense or accidental killing occurred, no instruction on self-defense or defense of another necessary. State v. Martin, 234 Kan. 115, 119, 670 P.2d 1331 (1983).
10. Instructions that are merely rewordings of subsections (1), (2) and (3) examined; no grounds for reversal. State v. Hartfield, 245 Kan. 431, 445, 781 P.2d 1050 (1989).
11. 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).
12. Request for instruction hereunder properly denied. Defendant was aggressor, did not exhaust means to escape or extricate friend from danger. State v. Rutter, 252 Kan. 739, 740, 747, 748, 749, 750, 752, 850 P.2d 899 (1993).
13. 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).
14. Whether court erred by giving jury initial aggressor instruction when self-defense in issue examined. State v. Hunt, 257 Kan. 388, 392, 894 P.2d 178 (1995).
15. 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).
16. 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).
17. Defendant not entitled to instruction on self-defense. State v. Bell, 276 Kan. 785, 80 P.3d 367 (2003).
18. Cited; court discusses both subjective and objective tests for justifiable use of force. McCracken v. Kohl, 286 Kan. 1114, 1118, 191 P.3d 313 (2008).
19. 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).
State v. Salary, 343 P.3d 1165 (Kan. 2015). · cites it 7דAlternatively, it contends Salary is not entitled to a self-defense instruction because the facts demonstrate he was the initial aggressor as identified in K.S.A. 21-3214, and he cannot meet that statute’s exceptions.”
State v. Astorga, 284 P.3d 279 (Kan. 2012). · cites it 13דK.S.A. 21-3214 provides that the justification of self-defense, as set forth in K.”
State v. Rutter, 850 P.2d 899 (Kan. 1993). · cites it 12ד21-3214(3)(a) K.S.A. 21-3214 provides: “The justification described in sections 21-3211, 21-3212, and 21-3213, is not available to a person who: (3) Otherwise initially provokes the use of force against himself or another, unless: (a) He has reasonable ground to believe that he…”
State v. Barlett, 418 P.3d 1253 (Kan. 2018). · cites it 3ד21-5111(n) defines a "forcible felony" to include "any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any…”
Fisher & Utley v. State, 786 A.2d 706 (Md. 2001). · cites it 2ד*732 By statute in Kansas, K.S.A. 21-3214(1), self defense is not available to a person who was attempting to commit a "forcible felony.”
State v. Bellinger, 278 P.3d 975 (Kan. Ct. App. 2012). · cites it 5דUnder K.S.A. 2010 Supp. 21-3214, the self-defense instruction under K.”
State v. Jacques, 14 P.3d 409 (Kan. 2000). · cites it 3ד21-3110(8) and that it cannot, therefore, serve as a barrier to asserting self-defense pursuant to K.S.A. 21-3214(1). Jacques offered a proposed instruction which would have allowed the jury to consider self-defense on the felony-murder charge.”
State v. Sullivan & Sullivan, 578 P.2d 1108 (Kan. 1978). · cites it 2ד” Under K.S.A. 21-3214 the use of force is not available to a person and he has no right of defense if he is attempting or committing a forcible felony, or is escaping after committing it.”
State v. Bell, 80 P.3d 367 (Kan. 2003). · cites it 2ד” However, K.S.A. 21-3214(1) provides in part that the justification described in 21-3211 is not available to a person who “[i]s attempting to commit, committing, or escaping from the commission of a forcible felony.”
State v. Antwine, 607 P.2d 519 (Kan. Ct. App. 1980). · cites it 3דAlthough K.S.A. 21-3214 does not permit the use of self-defense for an aggressor who is engaged in the commission of a forcible felony, if defendants’ evidence was accepted by the jury (and it is obvious that a considerable amount of it was accepted) then defendants were not…”
State v. Underwood, 615 P.2d 153 (Kan. 1980). · cites it 2דHowever, under K.S.A. 21-3214 an instruction on self-defense permitted by K.”
State v. Ackward, 128 P.3d 382 (Kan. 2006). “” K.S.A. 21-3214(1) provides that a forcible felon is not entitled to use force in self-defense.”
State v. Astorga, 284 P.3d 279 (Kan. 2012). “K.S.A. 21-3214 provides that the justification of self-defense, as set forth in K.”
Fisher & Utley v. State, 786 A.2d 706 (Md. 2001). “*732 By statute in Kansas, K.S.A. 21-3214(1), self defense is not available to a person who was attempting to commit a "forcible felony.”
State v. Barlett, 418 P.3d 1253 (Kan. 2018). “21-5111(n) defines a "forcible felony" to include "any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any…”
State v. Jacques, 14 P.3d 409 (Kan. 2000). “21-3110(8) and that it cannot, therefore, serve as a barrier to asserting self-defense pursuant to K.S.A. 21-3214(1). Jacques offered a proposed instruction which would have allowed the jury to consider self-defense on the felony-murder charge.”
State v. Bell, 80 P.3d 367 (Kan. 2003). “” However, K.S.A. 21-3214(1) provides in part that the justification described in 21-3211 is not available to a person who “[i]s attempting to commit, committing, or escaping from the commission of a forcible felony.”
— K.S.A. § 21-3214(2) — 2 cases
State v. Astorga, 284 P.3d 279 (Kan. 2012). “K.S.A. 21-3214 provides that the justification of self-defense, as set forth in K.”
State v. Salary, 343 P.3d 1165 (Kan. 2015). “Alternatively, it contends Salary is not entitled to a self-defense instruction because the facts demonstrate he was the initial aggressor as identified in K.S.A. 21-3214, and he cannot meet that statute’s exceptions.”
State v. Rutter, 850 P.2d 899 (Kan. 1993). “21-3214(3)(a) K.S.A. 21-3214 provides: “The justification described in sections 21-3211, 21-3212, and 21-3213, is not available to a person who: (3) Otherwise initially provokes the use of force against himself or another, unless: (a) He has reasonable ground to believe that he…”
State v. Rutter, 850 P.2d 899 (Kan. 1993). “21-3214(3)(a) K.S.A. 21-3214 provides: “The justification described in sections 21-3211, 21-3212, and 21-3213, is not available to a person who: (3) Otherwise initially provokes the use of force against himself or another, unless: (a) He has reasonable ground to believe that he…”
— K.S.A. § 21-3214(a) — 1 case
State v. Astorga, 284 P.3d 279 (Kan. 2012). “K.S.A. 21-3214 provides that the justification of self-defense, as set forth in K.”
— K.S.A. § 21-3214(b) — 1 case
State v. Bellinger, 278 P.3d 975 (Kan. Ct. App. 2012). “Under K.S.A. 2010 Supp. 21-3214, the self-defense instruction under K.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.