## Facts

- Roberto Marchello Dupree, a previously convicted felon, was charged with being a felon in possession of a firearm under MCL 750.224f, among other offenses.
- The prosecution theory was that Dupree unlawfully possessed a firearm and shot the complainant, Reeves.
- Dupree presented evidence that Reeves initiated an attack and that Dupree’s possession of the gun occurred only during the struggle and was necessary to protect himself.
- Evidence favorable to Dupree indicated Reeves was armed, intoxicated, physically larger, and the initial aggressor; during the fight Reeves’s gun came loose, Dupree grabbed it, shot Reeves, fled, and discarded the gun.
- At trial, the jury received a standard self-defense instruction on the felon-in-possession count.
- Over Dupree’s objection, the trial court also instructed the jury on a modified, nonstatutory “momentary innocent possession” defense, tying the defense to whether Dupree kept the gun no longer than necessary.
- The jury convicted Dupree of felon in possession.
- The Michigan Court of Appeals reversed and remanded for a new trial, concluding common-law defenses (including self-defense) are generally available to felon-in-possession if supported by evidence.
- The Michigan Supreme Court granted review and limited its analysis to self-defense, the only affirmative defense properly preserved at trial.

## Issues

1. Whether common-law self-defense may be asserted as a defense to a charge of felon in possession of a firearm under MCL 750.224f when supported by sufficient evidence.
2. If self-defense is available, whether the defendant must prove it or whether the prosecution must disprove it beyond a reasonable doubt.
3. Whether the trial court’s modified “momentary innocent possession” instruction misstated the law and, if so, whether the error required a new trial.

## Decision

- The court held that the traditional common-law affirmative defense of self-defense is generally available to a felon-in-possession charge if supported by sufficient evidence.
- The court held that once the defendant produces sufficient evidence of self-defense, the prosecution must disprove self-defense beyond a reasonable doubt.
- The court held that the trial court’s modified “momentary innocent possession” instruction was erroneous because it improperly altered the self-defense analysis for the felon-in-possession count.
- The court held the instructional error was prejudicial and more probably than not resulted in a miscarriage of justice.
- The court affirmed the Court of Appeals’ result, reversing the felon-in-possession conviction and remanding for a new trial on that count.

## Legal Principles

- Common-law defenses remain available to statutory crimes unless the Legislature clearly indicates an intent to abrogate them; silence in the statute does not eliminate self-defense.
- A defendant charged with felon in possession may be entitled to acquittal if the possession is justified under traditional self-defense standards (honest and reasonable belief of imminent danger and necessity of force).
- The defendant bears a burden of production to introduce evidence supporting self-defense; the prosecution bears the burden of persuasion to disprove self-defense beyond a reasonable doubt.
- “Momentary innocent possession” is distinct from self-defense; trial courts may not narrow or reframe self-defense by importing conditions associated with momentary possession.
- An erroneous instruction that materially restricts a properly raised defense warrants a new trial when it more probably than not affected the verdict.

## Conclusion

The Michigan Supreme Court recognized self-defense as a generally available common-law defense to felon-in-possession when supported by evidence, required the prosecution to disprove the defense beyond a reasonable doubt once raised, and ordered a new trial because the jury was given an erroneous instruction that improperly constrained the defense.


People v. Dupree, 486 Mich. 693, 788 N.W.2d 399 (Mich. 2010)