State v. Lumpkin
850 S.W.2d 388 (1993)
Rule Of Law
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Nature Of The Case
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Facts
Officer Robinson, an undercover police officer, approached a house and made a $20 crack cocaine purchase from a black woman whom he found on the porch of the house. The police obtained a search warrant for the house. Robinson, three other undercover officers, and about a dozen officers from the 8050 Tactical Response Squad returned to the area to execute the search warrant. Robinson approached the house to make a second drug purchase as verification that the residence was still a 'drug house.' Robinson wore three layers of clothing under which his gun and a radio transmitting device were concealed. Robinson knocked on the door, and D, gun in hand, answered the door. Robinson asked for a $20 rock and was told by D that there were 'no happenings.' Robinson inquired as to the whereabouts of the black woman from whom he had previously purchased crack cocaine. Tony Barrett then came to the door, yelled obscenities at Robinson, pushed Robinson, and then struck Robinson with his fist. D shot Robinson in the right shoulder and slammed the door shut. The bullet traveled completely through Robinson's right shoulder, shattered a bone, and knocked Robinson to the floor of the porch. Robinson drew his gun as he was getting up, jumped over the porch railing, and called for assistance. Robinson had not attempted to draw his gun prior to being shot by D. D ran out the back door of the house, threw the gun down in the backyard, and hid out until he was arrested. D was convicted by a jury of first-degree assault and armed criminal action. D alleged that he had received ineffective assistance of counsel. The motion court denied D's postconviction motion, without an evidentiary hearing. D appealed and admitted the shooting, but claimed it was in self-defense and in defense of the premises.
Issues
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Holding & Decision
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Legal Analysis
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