tommonymous
Posts: 404
Joined: 1/21/2013 Status: offline
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So, in the interest of muddying the Minnesota waters even further : Findlaw has some case history included in the analysis of a judgement from 1998. quote:
ORIGINAL: Findlaw, section 2, paragraph 7 (watch out for the paragraph split by a quote) The principle that there is no duty to retreat inside one's home is generally termed the “castle doctrine.” A majority, if not an overwhelming majority, of American jurisdictions have adopted it. See Gainer v. State, 40 Md.App. 382, 391 A.2d 856, 860-61 (1978) (stating that castle doctrine is “universally recognized exception” to duty to retreat), cert. denied (Md. Dec. 15, 1978); cf. State v. Walton, 615 A.2d 469, 471 (R.I.1992) (stating that a “majority of American jurisdictions” recognize the castle doctrine). Nevertheless, the four cases discussed above, although they do not acknowledge the castle doctrine or discuss the policies for or against it, do establish a line of Minnesota authority departing from the majority position and supporting the trial court's instruction in this case.1 quote:
ORIGINAL: Findlaw, Footnote 1 1. Carothers cites State v. McPherson, 114 Minn. 498, 131 N.W. 645 (1911), for the proposition that Minnesota does not impose a duty to retreat within the place of abode. But McPherson involved a co-occupant, a fellow seaman shot in the bunkroom he and the defendant shared, and discusses the issue in terms of the “retreat to the wall” doctrine, stating that defendant “was about as close to the ‘wall’ as it was possible to get.” Id. at 500, 131 N.W. at 646. Thus, the case is distinguishable both legally and on its facts. Does anyone have a link to a law written since this case which would reverse what looks to me like a duty to retreat if there's no felony being committed. It seems (based on the link) that what is termed as "defense of dwelling" is not applicable once someone is actually in your home in Minnesota. Can anyone shed some light (new or otherwise) on this for me? I'm more confused than I have been in long time. I must be getting rusty...
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"Remember kids. Just because it hasn't happened to you doesn't mean it doesn't happen at all." --Hillwilliam And just because it worked for you, doesn't mean it will (or ought to) work for everyone.
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