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Criminal Law Keyed to Kadish
State v. Kelly
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The Defendant was allegedly subject to violent beatings from her husband, sometimes as often as once a week, over the course of seven years of marriage. The day of the stabbing, her husband beat her up on the street after she asked for money to buy groceries. Passers-by separated them, but her husband subsequently caught up with her again. The Defendant, thinking her husband had come back to kill her, reached in her purse for a pair of scissors and stabbed him. At trial, she proffered the testimony of an expert witness who would state that her fear for her life was reasonable insomuch as she suffered from battered-woman’s syndrome. The trial court rejected the witness as irrelevant.
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