DueProcess FourthAmendment
WHETHER A CRIMINAL DEFENDANT IS DEPRIVED OF HIS CONSTITUTIONAL RIGHTS UNDER THE 6TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION TO PRESENT A COMPLETE DEFENSE WHEN THE STATE TRIAL COURT REFUSES TO INSTRUCT THE JURY WHEN SUPPORTED BY EVIDENCE THE AFFIRMATIVE DEFENSE OF NECESSITY IN THE PRESENCE AND SUBMISSION TO THE JURY THE AFFIRMATIVE DEFENSE OF SELF DEFENSE?
CAN A STATE COURT OF APPEALS INTERPRET A CRIMINAL LAW STATUTE THAT PROVIDES A CRIMINAL DEFENDANT WITH AN AFFIRMATIVE DEFENSE TO EXCLUDE AN AFFIRMATIVE DEFENSE IN THE PRESENCE AND SUBMISSION OF ANOTHER AFFIRMATIVE DEFENSE REQUIRING A CRIMINAL DEFENDANT TO CHOOSE AMONG THE AFFIRMATIVE DEFENSES EVEN THOUGH THEY ARE BOTH SUPPORTED BY THE EVIDENCE AND WHICH WOULD ALLOW THE JURY TO VOTE IN FAVOR OF ONE OF THE AFFIRMATIVE DEFENSES SUBMITTED AS THEIR ROLE IN RESOLVING CONFLICTS?
Whether a criminal defendant is deprived of constitutional rights when a state trial court refuses to instruct the jury on the affirmative defenses of necessity and self-defense