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People v. Dupree, 486 Mich. 693, 788 N.W.2d 399

Facts

On September 11, 2005, Dupree attended a birthday party where he got into a quarrel with Damond Reeves, which escalated into a physical altercation. During the struggle, Dupree shot Reeves three times. He was charged with multiple offenses, including being a felon in possession of a firearm. At trial, Dupree claimed he acted in self-defense, arguing that he feared for his life due to Reeves being larger and armed. The jury acquitted him of all charges except the felon-in-possession charge.

Defendant testified that he feared for his life because Reeves was larger than defendant, inebriated, and armed.

Issue

Whether the common law affirmative defense of self-defense is available to a defendant charged with being a felon in possession of a firearm.

We originally granted leave to consider whether any of the traditional common law affirmative defenses are available for a charge of felon-in-possession and, if so, whether the defendant has the burden of proving the affirmative defense.

Rule

The common law affirmative defense of self-defense may be interposed to a charge of being a felon in possession of a firearm if supported by sufficient evidence.

We conclude, however, that only the common law affirmative defense of self-defense was properly raised before the trial court.

Analysis

The court found that Dupree had properly raised the self-defense claim at trial, as he introduced evidence supporting his belief that he was in imminent danger during the altercation with Reeves. The court noted that the prosecution did not contest the self-defense argument, and the trial court provided a standard self-defense jury instruction. The court concluded that the evidence presented was sufficient for a jury to find that Dupree's actions were justified under the circumstances.

Defendant introduced sufficient evidence from which the jury could have concluded that he violated the felon-in-possession statute but that his violation could be justified because he honestly and reasonably believed that his life was in imminent danger and that it was necessary for him to exercise force to protect himself.

Conclusion

The Michigan Supreme Court affirmed the Court of Appeals' ruling, holding that self-defense is a valid defense for a felon-in-possession charge and that Dupree was entitled to a new trial due to instructional errors regarding the momentary innocent possession defense.

Accordingly, we affirm the Court of Appeals' result and remand for further proceedings consistent with this opinion.

Who won?

Defendant Roberto Marchello Dupree prevailed in the case as the Michigan Supreme Court affirmed the Court of Appeals' decision, allowing for the self-defense claim to be considered in his retrial.

The Court of Appeals reversed defendant's conviction and remanded for a new trial, concluding that the common law affirmative defenses of self-defense and duress are generally available to a defendant charged with being a felon in possession if supported by sufficient evidence.

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