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Court of Appeals weighs defense-of-habitation instruction in Young appeal
Summary
In State v. Young, the Court of Appeals heard competing arguments about whether a homeowner was entitled to a jury instruction on defense of habitation after a confrontation at his door; the panel focused on whether the record showed an imminent or attempted entry and whether nonforce alternatives made force unnecessary.
The Utah Court of Appeals heard argument in State v. Young over whether a trial court erred by refusing a defense'of'habitation instruction after a confrontation between homeowner Mark Young and a visitor at Young's door.
Benjamin Miller, counsel for Young, told the court his client "felt threatened by a stranger" who appeared at his door, refused to leave and gave inconsistent identifying information; Miller argued that, viewed in the light most favorable to the defense, a jury could reasonably conclude Young acted to prevent an imminent unlawful entry and therefore should have received…
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