Briefs and Motions

State v. Stewart (1988)
Supreme Court of Kansas, 763 P.2d 572
Dmitry Kogan
FACTS:  D and her daughters are greatly abused by V.  D is eventually sent to mental hospital but is released back to V telling people at the hospital she might kill him.  He is abusive again and threatens her with death.  V goes to sleep.  D shoots and kills him in his sleep.
ISSUE:  Self defense?
RULES:  Self Defense:
1.    Subjective standard to determine whether the defendant honestly and sincerely believed it necessary to kill in order to defend.
2.    Objective standard to determine whether a reasonable person in defendant’s circumstances would have perceived self defense as necessary.
HOLDING/RULING:  When a battered woman kills her sleeping spouse when there is no imminent danger, the killing is not reasonably necessary and a self defense instruction may not be given.
RATIONALE:  To hold otherwise would in effect allow the execution of an abuser for past or future acts or conduct.
Was not in imminent danger b/c V was asleep.
CLASS NOTES:  Battered women’s syndrome is always relevant to the “honest belief” factor.  Some courts give this more weight than others.