Lienau v. Commonwealth (P)

The trial court erred in denying a defendant the benefit of self-defense jury instruction in his trial for killing a home intruder. At the time of the incident, the intruder had broken the front door in with substantial force late at night, and he’d threatened to kill the defendant’s tenant earlier the same day. The defendant’s testimony that he felt “rage” about the break-in didn’t prevent the jury from finding that he was also in reasonable fear of imminent danger at the time.

Lienau v. Commonwealth, No. 0685-17-4, Sept. 11, 2018. CAV (Petty) from Fairfax (Azcarate).

Categories: Court of Appeals of Virginia, Opinions, Published


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