Federal 7th Circuit Court
Criminal Court
Self-Defense
In prosecution on murder charge stemming from defendant-prisoner’s attack on his cellmate, Dist. Ct. did not err in denying defendant’s request for self-defense jury instruction, even though defendant testified that his cellmate was initial aggressor in attack that took place in their cell. Self-defense instruction required defendant to show that he faced imminent threat of violence and had no reasonable alternative to avoid said threat, and record showed that defendant cut up cellmate at time when cellmate was unconscious. Moreover, defendant had other means to avoid any threat of violence where prison cell had panic button, and where defendant could have otherwise called out for assistance.