State v. Shingleton, 222 W. Va. 647

Summary

The Supreme Court of Appeals of West Virginia affirmed Robert Lee Shingleton's conviction for malicious assault and his enhanced sentence following a recidivist proceeding. The court held that the circuit court did not abuse its discretion by refusing to instruct the jury on self-defense because the trial evidence did not support the defense.

Holdings

1. A defendant is entitled to a self-defense instruction only when evidence before the jury supports the defense sufficiently for a reasonable jury to find in the defendant's favor; an instruction unsupported by the trial evidence should not be given.
2. The refusal to give a requested jury instruction is reviewed for abuse of discretion, although the legal question whether the jury was properly instructed is reviewed de novo.

Questions Presented

1. Whether the circuit court abused its discretion by refusing to instruct the jury on Shingleton's theory of self-defense.
2. Whether the refusal to give the self-defense instruction denied Shingleton a fair trial and due process.

Disposition

affirmed