State v. Person

761 A.2d 269 (2000)

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Nature of the Case

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Facts

D and Pouncey had been romantically involved and had planned to marry. Pouncey, however, terminated their engagement, after which she commenced a relationship with Donald Moody. The defendant testified that on May 19, 1991, he had forcefully entered Pouncey's apartment while she was away in order to recover his personal belongings. While the defendant was in the rear bedroom gathering his possessions, Pouncey returned home with her child. The defendant further testified that after speaking on the telephone, Pouncey had confronted him in the bedroom with a can of Mace in one hand and two knives in the other. According to D, Pouncey had instigated a struggle by spraying Mace in his eyes. In the course of the struggle, D stabbed Pouncey. The defendant then fled the apartment and later surrendered himself at the New Haven police station. D confessed to killing the victim. At trial, D asserted the affirmative defense of extreme emotional disturbance. D was convicted and appeals. D now claims that the court improperly instructed the jury on the affirmative defense of extreme emotional disturbance because it failed to explain that when considering the defendant's 'situation,' the jury should take into account testimony regarding his mental illness.