Cited by
Opinions in Minnesota that cite State v. Hare, 575 N.W.2d 828.
- State of Minnesota v. Kenwan Deshawn Hunter Minn. Ct. App. 2024
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State of Minnesota v. Kenwan Deshawn Hunter
Minn. Ct. App. 2024
s 11 repeatedly stated that it is error to provide the justifiable-taking-of-life instruction, instead of the general self-defense instruction”); Carridine, d at 143-44 (determining that providing the justifiable-intentional-taking-of-life instruction was an error when the defendant argued that the death was unintended); -33 (Minn. 1998) (determining that the district court improperly gave the justifiable-intentional-taking-of-life instruction when the defendant claimed that the death was accide
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[W]hen instructing on self-defense, courts must use analytic precision.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
And instructions on self-defense should be given with “analytic precision.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“[W]hen instructing on self-defense, courts must use analytic precision.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
ourt has repeatedly stated that i t is error to provide the justifiable-taking-of-life instruction, instead of the general self -defense instruction, when the defendant asserts self-defense but claims that the [victim’s] death was not the intended result.” State v. Pollard , , 179 (Minn. App. 2017) ( -44 (Minn. 2012); - 33 (Minn. 1998); State v. Robinson , -3 (Minn. 1995); ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The “defense of dwelling” involves “an unauthorized intrusion into the defendant’s dwelling ,” allowing the defendant to use “reasonable force” upon the intruder without their consent, Minn. Stat. § 609.06, subd.
- State v. Schoenrock 899 N.W.2d 462 Minn. 2017
- State v. Schoenrock 899 N.W.2d 462 Minn. 2017
- 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
the district court agreed with the state and ruled that CRIMJIG 7.06 would be provided to the jury, because, “for focusing on death as a result of defense, ...
- 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. Scott Jeffrey Hanson Minn. Ct. App. 2016
- State of Minnesota v. Scott Jeffrey Hanson Minn. Ct. App. 2016
- State of Minnesota v. Daniel Joseph Devens 852 N.W.2d 255 Minn. 2014
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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
- State v. Edwards 717 N.W.2d 405 Minn. 2006
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State v. Edwards
717 N.W.2d 405
Minn. 2006
But “jury instructions must not materially misstate the law.”
- State v. Penkaty 708 N.W.2d 185 Minn. 2006
- State v. Penkaty 708 N.W.2d 185 Minn. 2006
- State v. Richardson 633 N.W.2d 879 Minn. Ct. App. 2001
- State v. Richardson 633 N.W.2d 879 Minn. Ct. App. 2001
- State v. Glowacki 630 N.W.2d 392 Minn. 2001
- State v. Glowacki 630 N.W.2d 392 Minn. 2001
- State v. Glowacki 615 N.W.2d 843 Minn. Ct. App. 2000
- State v. Glowacki 615 N.W.2d 843 Minn. Ct. App. 2000
- State v. Carothers 594 N.W.2d 897 Minn. 1999
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State v. Carothers
594 N.W.2d 897
Minn. 1999
422, 424 (1907); (citation omitted) (noting that at common law “defense of the home [was] considered equivalent to defense of life itself’).
- State v. Ascheman 589 N.W.2d 486 Minn. Ct. App. 1999
- State v. Ascheman 589 N.W.2d 486 Minn. Ct. App. 1999