State v. Messer

1 Citing case

  1. State v. Lutz

    No. A03-2041 (Minn. Ct. App. Nov. 9, 2004)

    Most recently, this court in an unpublished decision affirmed a duty-to-retreat instruction where appellant stood in his lawn and threw rocks at a trespasser noting: "[T]he justification for [the defense-of-dwelling] exception from the duty to retreat is limited to the home, and Minnesota appellate courts have not extended the exception beyond the home." State v. Messer, No. C5-02-1461, 2003 WL 21961366 at *3 (Minn.App. Aug. 15, 2003). Appellant argues that the district court misconstrued the holdings in Glowacki and Carothers when it instructed the jury that appellant had a duty to retreat while defending his real property. Specifically, appellant argues that, in Carothers, the supreme court rejected a duty to retreat in defense-of-dwelling claims arising from Minn. Stat. ยง 609.06, subd. 1(4) (2002).