AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant, after consuming alcohol and methamphetamine with the Victim, attacked the Victim with nunchucks, resulting in severe injuries including a cracked skull and a laceration requiring fourteen staples. The Defendant claimed self-defense, stating he reacted to the Victim's unwanted advances. The attack occurred following a day of substance abuse by both parties (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): Argued that the Defendant was not entitled to jury instructions on the use of non-deadly force in self-defense or the lesser included offense of misdemeanor aggravated battery due to the severity of the Victim's injuries and the use of a deadly weapon (nunchucks) by the Defendant.
• Defendant-Appellant (Steven Banda): Contended that he was entitled to jury instructions on both the use of non-deadly force in self-defense and the lesser included offense of misdemeanor aggravated battery, arguing that the jury should determine the nature of the force used and the degree of the offense based on his theory of self-defense.

Legal Issues

• Whether the district court erred by refusing to instruct the jury on the use of non-deadly force in self-defense.
• Whether the district court erred by refusing to instruct the jury on the lesser included offense of misdemeanor aggravated battery.

Disposition

• The Court of Appeals affirmed the district court's decision, holding that the district court properly denied both jury instructions requested by the Defendant.

Reasons

• Per Stephen G. French, J. (Jonathan B. Sutin, J., and M. Monica Zamora, J., concurring): The Court found that the Defendant was not entitled to the requested instructions on non-deadly force self-defense or the lesser included offense of misdemeanor aggravated battery. The Court reasoned that the use of nunchucks, a deadly weapon, to inflict severe injuries constituted deadly force, negating the applicability of a non-deadly force self-defense instruction. Furthermore, the severity of the Victim's injuries surpassed the threshold for misdemeanor aggravated battery, justifying the exclusion of this instruction. The Court emphasized that jury instructions are determined by the judge based on trial evidence, and in this case, the evidence did not support the Defendant's requests (paras 5-17).