I was typing in a Q about whether the court is required to inform the defendant of the boundaries separating criminal responses to an unwanted pubic encounter, from lawful alternatives –especially as relates to eventual jury instructions. The site timeout ate that one.
The case I am looking at was cleared by the state supreme court and apparently did not, but-- finally-- the Appeals supervising judge listed the boundaries he saw the prosecution building on in harassing the defendant at trial, in terms of the statute cited. The statute lists 5 boundaries that are indicators of guilt. The jury instruction surprised the jury and was expounded as “All 5” criteria.
Question: are there any due process resources for dealing with a judge that has outlawed the existence of people who are assaulted and then arrested for merely responding to that assault?