Cited by

Opinions in Minnesota that cite State v. Carothers, 594 N.W.2d 897.

27 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2025
” which “provides that a person has no duty to retreat from their home before acting in self-defense.” d 191, 197 n.4 (Minn. 2024) ( 629 (Minn. 2006), as “ rejecting a duty to retreat before acting in self-defense where the shooting occurred in the upstairs bedroom of the defendant’s home,” for the proposition that “early Minnesota caselaw rejected a duty to retreat in cases of self-defense occurring in one’s home”).
State of Minnesota v. Julian Daniel Valdez Minn. 2024
State of Minnesota v. Julian Daniel Valdez Minn. 2024
629 (Minn. 2006) (rejecting a duty to retreat before acting in self-defense where the shooting occurred in the upstairs bedroom of the defendant’s home); (noting that “early Minnesota caselaw rejected a duty to retreat in cases of self-defense occurring in one’s home”).
State of Minnesota, Minn. 2024
(observing that Minnesota has codified the common law of self-defense, but not whether the duty to retreat attaches to the defense, so the duty instead arises from case law).
State of Minnesota v. Julian Daniel Valdez Minn. Ct. App. 2023
State of Minnesota v. Julian Daniel Valdez Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2023
State of Minnesota, Respondent, Minn. Ct. App. 2021
See, (stating that “when acting in self-defense in the home, a person should not be required to retreat from the home before using reasonable force to defend himself” (emphasis added)); (s tating that there is no duty to retreat “for people engaging in self-defense within their homes” (emphasis added)).
In the Matter of the Civil Commitment of: Maxim Kenneth Rhone. Minn. Ct. App. 2018
se of dwelling is justified if (1) “the killing was done to prevent the commission of a felony in the d welling,” (2) “the defendant’s j udgment as to the gravity of the situation was reasonable under the circumstances,” and (3) “the defendant’s election to defend his or her dwelling was such as a reasonable person would have made in light of the danger to be apprehended.”
State of Minnesota, Respondent, Minn. Ct. App. 2018
State v. Pollard 900 N.W.2d 175 Minn. Ct. App. 2017
State v. Pollard 900 N.W.2d 175 Minn. Ct. App. 2017
elling, the jury must determine that (1) “the killing was done to prevent the commission of a felony in the dwelling,” (2) “the defendant’s judgment as to the gravity of the situation was reasonable under the circumstances,” and (3) “the defendant’s election to defend his or her dwelling was such as a reasonable person would have made in light of the danger to be apprehended.”
State of Minnesota v. Christian Mccary Mayo Minn. Ct. App. 2016
State of Minnesota v. Christian Mccary Mayo Minn. Ct. App. 2016
State of Minnesota v. Charles Edward Gorgol Minn. Ct. App. 2015
State of Minnesota v. Charles Edward Gorgol Minn. Ct. App. 2015
at 596–97, 100 S. Ct. at 1385; d 897, 900 (Minn. 1999).
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
We have used the phrase in a defense-of-dwelling case, and have referred to the home as a “castle” while discussing the duty to retreat in a self- defense case
McCaughtry v. City of Red Wing 831 N.W.2d 518 Minn. 2013
State v. Baird 654 N.W.2d 105 Minn. 2002
State v. Baird 654 N.W.2d 105 Minn. 2002
-04 (Minn.1999), and our decision in Glowacki , however, the court of appeals concluded that the duty-to-retreat instructions had been summarily upheld in Hennum and Morrison and that self-defense in the home should not include a duty to retreat.
State v. Baird 640 N.W.2d 363 Minn. Ct. App. 2002
State v. Baird 640 N.W.2d 363 Minn. Ct. App. 2002
But in 1999, the supreme court examined the duty to retreat in self-defense cases and concluded that “self-defense in the home should not incorporate a duty to retreat.”
State v. Glowacki 630 N.W.2d 392 Minn. 2001
State v. Glowacki 630 N.W.2d 392 Minn. 2001
The state argued that there is always a duty to retreat when acting in self-defense in one’s home, based on the court of appeals’ rev’d
State v. Glowacki 615 N.W.2d 843 Minn. Ct. App. 2000
State v. Glowacki 615 N.W.2d 843 Minn. Ct. App. 2000
Glowacki argues that his conduct involves defense of a dwelling