Burke v. Mesniaeff

Connecticut Supreme Court · Torts

TortsAssault and batteryAffirmative defensesDefense of othersDefense of premisesTrespassJury instructionsSufficiency of the evidence

Facts

The parties were married, and although the Sharon house was titled solely in the defendant's name, the plaintiff had a key, stayed there at times, stored personal belongings there, used it as her listed residential address, and was involved in its management and improvement. On the day of a house tour, the plaintiff entered the house and, according to evidence the jury could credit, became enraged, screamed repeatedly about another woman being in 'my house,' and aggressively attempted to enter the room where one guest stood. The defendant physically escorted the plaintiff away while she resisted and tried to return to the house, and he testified that he did so because he feared she would confront and harm his guests. Two guests testified that the plaintiff appeared out of control and that they feared for their safety.

Issue

Did the trial court err by instructing the jury that it could find the plaintiff was committing criminal trespass, thereby supporting a defense-of-premises justification, when she was the defendant's spouse with a possessory or occupancy interest in the home? If so, was that error harmless because the jury also independently found for the defendant on the properly charged defense of others, and was the evidence sufficient to support that finding?

Rule

A criminal-trespass/defense-of-premises instruction must be reasonably supported by the evidence, and where spouses remain married and both have a possessory or occupancy interest in the premises, an isolated order to leave during a heated marital dispute is insufficient to establish criminal trespass. Defense of others requires proof that the defendant subjectively believed unlawful physical force against a third person was imminent and that this belief was objectively reasonable under the circumstances. When separate and distinct defenses are submitted to the jury, an error in the charge on one defense does not require a new trial if the verdict independently rests on another properly charged and sufficiently supported defense.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Flores and her husband, Daniel Flores, are still married and have not filed for divorce. Daniel alone holds title to a cabin in Aspen, but Nina has a key, keeps clothing there, stays there several weekends each month, and lists the cabin as her mailing address. During a heated argument at the cabin, Daniel orders Nina to leave immediately; when she refuses, his friend Omar pushes her onto the porch and later claims he used force to terminate a criminal trespass.

If Nina sues Omar for battery, should the court instruct the jury on defense of premises based on criminal trespass?

Explanation. The instruction must be reasonably supported by the evidence. Under the majority rule, where spouses remain married and one spouse has a possessory or occupancy interest in the premises, an isolated demand to leave during a heated marital dispute is insufficient to establish criminal trespass. Title alone is not controlling; the occupancy facts matter. Therefore, a defense-of-premises instruction would be improper. (Derived from Burke v. Mesniaeff (n.d.).)