Jaspar

Defendant Natalie Lynn Jaspar shot her boyfriend, Thomas Hines, in the back of the head, causing his death. An expert witness testified for the defense on the subject of battered woman syndrome (BWS). Defendant was convicted of second degree murder. On appeal, she contends the instruction given to the jury on BWS allowed the jury to consider syndrome evidence on the question of self-defense but precluded the jury from considering the syndrome on the question of unreasonable self-defense. In addition, she raises claims of ineffective assistance of counsel, instruction error, and sentencing errors. We affirm, except to direct a correction in the abstract of judgement.

Facts

Prosecution

The on-again, off-again relationship of defendant and Thomas Hines ended on October 3, 1998, when defendant shot and killed Hines. James C., a minor at the time, witnessed the shooting.

James C. lived approximately one-quarter mile from the home defendant and Hines shared. He first met Hines when he went to the home and asked Hines if he raised fighting roosters. Hines raised fighting roosters, which interested James C., and the two became friends. James was on home study from school and…