A Pattern of Making False Claims of Self Defense Is Admissible as Spreigl Evidence To Rebut Claim of Self Defense

State v. Welle, Minn.S.Ct., 6/24/2015.  A jury found Mr. Welle guilty of unintentional second degree murder, and of first degree manslaughter for the death of Dale Anderson.  Mr. Welle said that he committed the murder outside the Powerhouse Bar in self defense.  He said that he and Mr. Anderson argued, during which Mr. Anderson punched Mr. Welle in the face.  Mr. Welle defended himself by punching Mr. Anderson in the face, which caused Mr. Anderson to fall backwards.  Mr. Welle had no visible injuries. Eventually Mr. Anderson later died.

Over objection from Mr. Welle the trial court permitted the state to introduce evidence to rebut the self defense claim of three prior incidents, in two of which Mr. Welle made essentially the same claim even though he had no visible injuries:  during an argument some guy hit him and he hit back in self defense.  In the third incident, Mr. Welle made no claim of self defense.

Justice Page, for the full court, said that Mr. Welle's pattern of asserting self-defense after being the aggressor in an altercation is relevant for purposes of disproving the elements of self defense. State v. Robinson, 427 N.W.2d 217 (Minn. 1988).  It's relevant because it tends to make it more or less probable that Mr. Welle had an actual and honest belief of danger of death or great bodily harm, which is one of the elements of self defense.

The Justice also said that only the two prior incidents in which Mr. Welle made this self defense claim should have been admitted. Admission of evidence of the third incident, which did not include a claim from Mr. Welle that he had acted in self defense, was error, but, alas for Mr. Welle, it was harmless error.