Nature of the Case
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Facts
Tufunga (D) was convicted of battery, residential robbery, spousal abuse and making terrorist threats against his former wife, Shelly. Shelly relayed a story of a violent attack with serious threats of bodily harm and the taking of $200 that her mother has brought into the house. Shelly’s account of the episode was corroborated by her mother. When the police arrived, Shelly was crying and bruised, and D had fled the scene. D offered a different version of the events and testified that he had earned the $200. His employer and a relative corroborated that claim. D testified that he had brought the $200 to Shelly’s house to pay her bills and she had reached down and put the $200 in her bra. D believed that both Shelly and her mother were out to take the money, as this had happened before and that Shelly would give it to her mother. D demanded the money back, and when she refused, he wrestled with her, reached into her bra, and took it back. As he walked out the door, the mother hit him with a phone. D testified that he did not threaten, strike or push her and had not broken in nor stayed against her will. D testified that three days later, they made up and he gave her $160 to pay her bills. The testimony at trial was in hopeless contradiction. D's and the victim's respective versions of the events differed considerably. At trial, D requested instructions on claim of right. The trial court refused. D was convicted and appealed.
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