Dedrick Brigance v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed Dedrick Brigance’s conviction for second-degree murder with a firearm enhancement. The court held that substantial evidence supported the conviction and declined to reach the merits of Brigance’s stand-your-ground jury-instruction argument because he agreed to the instruction and failed to proffer an alternative instruction.

Holdings

1. The evidence substantially supported Brigance's conviction for second-degree murder because he deliberately fired a loaded automatic handgun at Broadus, thereby engaging in conduct that culminated in Broadus's death, and Brigance also testified that he purposely shot Broadus's hand, establishing the required purpose to cause serious physical injury.
2. The stand-your-ground instruction issue was not preserved for appellate review because Brigance's counsel expressly agreed to the circuit court's proposed justification instruction and failed to proffer an alternative instruction for inclusion in the record.

Questions Presented

1. Whether substantial evidence supported Brigance's conviction for second-degree murder under Arkansas Code Annotated section 5-10-103(a)(1) or (2).
2. Whether the circuit court erred by failing to instruct the jury under Arkansas's stand-your-ground law that Brigance had no duty to retreat before using deadly force.

Disposition

affirmed