People of the State of Michigan v. Jaclyn Louise Kurr

Rule of Law:

The common law defense of others, which justifies the use of deadly force, extends to the protection of a nonviable fetus from an unlawful assault on the mother.

Facts:

• The defendant and her boyfriend, Antonio Pena, had a history of domestic violence, with Pena having previously assaulted her.
• On October 9, 1999, the defendant and Pena argued over Pena's cocaine use.
• During the argument, Pena punched the defendant twice in the stomach.
• The defendant warned Pena not to hit her again, stating that she was pregnant with his babies.
• When Pena advanced toward her again, the defendant fatally stabbed him in the chest.
• Evidence presented at trial regarding the pregnancy was conflicting; however, if pregnant, the fetus would have been approximately 16-17 weeks in gestation and considered nonviable (incapable of surviving outside the womb).

Procedural Posture:

• The defendant was charged with homicide for the killing of Antonio Pena.
• Prior to trial, the trial court granted the defendant's motion to allow the theory that she acted in defense of her unborn child.
• At the conclusion of the trial, the defendant requested a jury instruction on the defense of others.
• The trial court denied the requested instruction, reasoning that a nonviable fetus was not an 'other' for the purposes of the defense, although it did provide an instruction for self-defense.
• The jury convicted the defendant of voluntary manslaughter.
• The defendant appealed her conviction to the Michigan Court of Appeals, arguing the trial court's failure to give the defense of others instruction was a reversible error.