Opinion
A22-1424
01-16-2024
State of Minnesota v. Julian Daniel Valdez
ORDER ON PETITION FOR FURTHER REVIEW;
Issue Granted:
Whether the district court abused its discretion when it used the standard jury instruction for defense-of-others and instructed the jury that there was a duty to retreat or avoid the danger if reasonably possible; whether any error in the instruction was harmless beyond a reasonable doubt because the State disproved two elements of defense-of-others: the deadly force used by respondent was clearly unreasonable, and respondent became the aggressor by producing and brandishing a firearm, forfeiting his right of defense-of-others.
Granted