The use of deadly force must be necessary—not immediately necessary.
State v. Reis (ICA February 27, 2025) Background. Brandon Reis was on trial for attempted murder in the second degree. At trial, he argued he acted in self-defense. The trial court instructed the jury about the use of lethal force in self-defense by tracking the pattern jury instruction: The use of deadly force upon or toward another person is justified if the defendant reasonably believes that deadly force is immediately necessary to protect himself on the present occasion against death or serious bodily injury or kidnapping. The reasonableness of the defendants’ belief that the use of deadly force was immediately necessary shall be determined from the viewpoint of a reasonable person in the defendant’s position under the circumstances of which the defendant was aware or as the defendant reasonably believed them to be when the deadly force was used. The jury found Reis guilty as charged. He appealed. The jury was incorrectly instructed that t...