Cited by
Opinions in Minnesota that cite State v. Glowacki, 630 N.W.2d 392.
- State v. Pollard 900 N.W.2d 175 Minn. Ct. App. 2017
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State v. Pollard
900 N.W.2d 175
Minn. Ct. App. 2017
(requiring jury to find that defendant believed that force was necessary and that the level of force used was reasonable to prevent the harm feared).
- State of Minnesota v. Adam John Lilienthal 889 N.W.2d 780 Minn. 2017
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State of Minnesota v. Adam John Lilienthal
889 N.W.2d 780
Minn. 2017
12 “[W]hen the defendant and the victim reside in the same dwelling, the defendant cannot raise the defense of dwelling defense.”
- State of Minnesota v. Doan Meshell Engel Minn. Ct. App. 2016
- State of Minnesota v. Doan Meshell Engel Minn. Ct. App. 2016
- 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. Rafael Alfonso Banks 875 N.W.2d 338 Minn. Ct. App. 2016
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State of Minnesota v. Rafael Alfonso Banks
875 N.W.2d 338
Minn. Ct. App. 2016
d 392, 398 (noting that a post-trial motion for a new trial adequately preserves a challenge to a jury instruction); Minn. R. Crim.
- State of Minnesota v. Cedric Chappell, Jr. Minn. Ct. App. 2016
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State of Minnesota v. Cedric Chappell, Jr.
Minn. Ct. App. 2016
(stating that to find a defendant acted in self-defense a jury must find that “the defendant reasonably believed that force was necessary and that the defendant used only the level of force reasonably necessary to prevent the harm feared”).
- State of Minnesota v. Eddie Niles Hubbard Minn. Ct. App. 2015
- State of Minnesota v. Eddie Niles Hubbard Minn. Ct. App. 2015
- State of Minnesota v. Joshua Alan Pourrier Minn. Ct. App. 2015
- State of Minnesota v. Joshua Alan Pourrier Minn. Ct. App. 2015
- State of Minnesota v. Carl Antonio Wilks Minn. Ct. App. 2014
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State of Minnesota v. Carl Antonio Wilks
Minn. Ct. App. 2014
d 392, 402 (Minn. 2001).
- State of Minnesota v. Nikia Kylene Balen. Minn. Ct. App. 2014
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State of Minnesota v. Nikia Kylene Balen.
Minn. Ct. App. 2014
d 392, 399 (Minn. 2001).
- State of Minnesota v. Dylan Micheal Kelley 855 N.W.2d 269 Minn. 2014
- 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
- State v. Griffin 846 N.W.2d 93 Minn. Ct. App. 2014
- State v. Griffin 846 N.W.2d 93 Minn. Ct. App. 2014
- State v. Boldman 813 N.W.2d 102 Minn. 2012
- State v. Boldman 813 N.W.2d 102 Minn. 2012
- State v. Vance 734 N.W.2d 650 Minn. 2007
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State v. Vance
734 N.W.2d 650
Minn. 2007
402-03 (Minn.2001) (holding that a new trial motion adequately preserves a jury instruction error but stressing that the error "must be one of fundamental law or controlling principle,” and applying the harmless error standard to an erroneous instruction that the defendant had a duty to retreat before defending
- Elmasry v. Verdin 727 N.W.2d 163 Minn. Ct. App. 2007
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Elmasry v. Verdin
727 N.W.2d 163
Minn. Ct. App. 2007
402-03 n. 5 (Minn.2001) (assuming that co-residents were “household members” under domestic abuse act).
- State v. Robinson 718 N.W.2d 400 Minn. 2006
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State v. Robinson
718 N.W.2d 400
Minn. 2006
2266 , 165 L.Ed.2d 224 (2006); -02 (Minn.2001) (recognizing the realities facing victims of domestic violence and eliminating the duty to retreat from one’s own home when acting in self-defense in the home); (recognizing the value of battered women syndrome evidence to dispel common misconception
- State v. Johnson 719 N.W.2d 619 Minn. 2006
- State v. Johnson 719 N.W.2d 619 Minn. 2006
- State v. Penkaty 708 N.W.2d 185 Minn. 2006
- State v. Penkaty 708 N.W.2d 185 Minn. 2006
- O'MEARA v. State 679 N.W.2d 334 Minn. 2004
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O'MEARA v. State
679 N.W.2d 334
Minn. 2004
( that there was no duty to retreat from one’s own home even if the aggressor is a co-resident, applied retroactively because Baird’s appeal was pending at the time Gloivacki was decided); (stating that our holding in that case — that a *339 plea agreement
- State v. Harris 667 N.W.2d 911 Minn. 2003
- State v. Soukup 656 N.W.2d 424 Minn. Ct. App. 2003
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State v. Soukup
656 N.W.2d 424
Minn. Ct. App. 2003
Conversely, (Glowacki I), rev’d, (Glowacki II), that the legal excuse of self-defense does not apply to the offense of disorderly conduct.
- State v. Baird 654 N.W.2d 105 Minn. 2002
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State v. Baird
654 N.W.2d 105
Minn. 2002
-that when acting in self-defense there is no duty to retreat from one’s own home even if the aggressor is a co-resident — is to be given retroactive application.
- State v. Baird 640 N.W.2d 363 Minn. Ct. App. 2002
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State v. Baird
640 N.W.2d 363
Minn. Ct. App. 2002
at 902 , 904 n. 6; (stating Carothers recognized that cases affirming duty to retreat against co-occupants did so summarily and that by reserving issue in Carothers , the court suggested the question may be open).