Cited by

Opinions in Minnesota that cite State v. Gardner, 104 N.W. 971.

27 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2026
- 74 (Minn. 1905), in arguing that there is no duty to retreat when someone is outside his or her residence but encounters a person who poses a risk of harm.
State of Minnesota, Respondent, Minn. Ct. App. 2025
as holding that “the duty to retreat is inapplicable when a person acts in self-defense on the lands surrounding his home.” But in a subsequent case, the Minnesota Supreme Court explained that Gardner—which the court described as arising from “facts peculiar to frontier life” — held only “that the dut
State of Minnesota, Respondent, Minn. Ct. App. 2025
He moved to dismiss, for the proposition that “[t]here is no duty to retreat from a gun” and in part on the finding of another district court that Phillips had been the initial aggressor.
State of Minnesota, Respondent, Minn. Ct. App. 2024
(concluding that front deck was part of Penkaty’s dwelling in defense-of-dwelling claim); 976 (Minn. 1905) (concluding that individual does not have duty to 11 retreat when threatened with imminent harm); Devens , d at 257 (declining to extend castle doctrine to hallway of apartment building); (concluding district court erred by e
State of Minnesota, Respondent, Minn. Ct. App. 2024
But the 3 the district court declined to instruct the jury regarding the duty to retreat.
State of Minnesota, Respondent, Minn. Ct. App. 2021
for his contention that the duty to retreat is inapplicable when a person acts in self-def ense on the lands surrounding his home.
State of Minnesota v. Christian Mccary Mayo Minn. Ct. App. 2016
State of Minnesota v. Christian Mccary Mayo Minn. Ct. App. 2016
State v. Gardner, 96 Minn. 318, 104 N.W.
State of Minnesota v. Daniel Joseph Devens 852 N.W.2d 255 Minn. 2014
State of Minnesota v. Daniel Joseph Devens 852 N.W.2d 255 Minn. 2014
Finally, Devens cites three cases—Beard v. United States, 158 U.S. 550, 559-60 (1895); State v. Gardner, 96 Minn. 318, 328, 104 N.W.
State v. Edwards 717 N.W.2d 405 Minn. 2006
State v. Carothers 594 N.W.2d 897 Minn. 1999
State v. Carothers 594 N.W.2d 897 Minn. 1999
In State v. Gardner, 96 Minn. 818 , 827, we first endorsed the duty to retreat in a case of self-defense involving deadly force occurring outside the home.
State v. Austin 332 N.W.2d 21 Minn. 1983
State v. Austin 332 N.W.2d 21 Minn. 1983
Defendant’s reliance upon State v. Gardner, 96 Minn. 318 , 104 N.W.
State v. Anderson 192 N.W. 934 Minn. 1923
State v. Anderson 192 N.W. 934 Minn. 1923
State v. Gardner, 96 Minn. 318 , , 2 L. R. A. (N. S.) 49; State v. Williams, 96 Minn. 351 , ; State v. Rusk, 123 Minn. 276 , ; State v. Brand, 124 Minn. 408 , ; State v. Kruse, 137 Minn. 468 , ; State v. Townley, 149 Minn. 5 , , 17 A. L. R. 253.
State v. McLarne 150 N.W. 787 Minn. 1915
State v. McLarne 150 N.W. 787 Minn. 1915
839; and State v. Gardner, 96 Minn. 318 , , 2 L.R.A.(N.S.)
State v. Brand 145 N.W. 39 Minn. 1914
State v. Brand 145 N.W. 39 Minn. 1914
839; State v. Gardner, 96 Minn. 318 , , 2 L.R.A.(N.S.)
Brown v. Douglas Lumber Co. 129 N.W. 161 Minn. 1910
Brown v. Douglas Lumber Co. 129 N.W. 161 Minn. 1910
Adams v. City of Thief River Falls, 84 *74 Minn. 30 , ; State v. Gardner, 96 Minn. 318 , , 2 L.R.A.(N.S.)
State v. Touri 112 N.W. 422 Minn. 1907
State v. Touri 112 N.W. 422 Minn. 1907
See State v. Nelson, 91 Minn. 143, 145 , ; State v. Crawford, 96 Minn. 95 , , 822, 1 L. R. A. (N. S.) 839; State v. Gardner, 96 Minn. 318, 324 , , 2 L. R. A. (N S.) 49.
State v. Cowing 108 N.W. 851 Minn. 1906
State v. Cowing 108 N.W. 851 Minn. 1906
State v. Nelson, 91 Minn. 143 , ; State v. Gardner, 96 Minn. 318 , .