Legal Opinion

State v. Pendleton

Supreme Court of Minnesota

Decided August 7, 1997No. C6-95-2162PublishedCited by 32 opinions

1Opinion of the Court

OPINION

GARDEBRING, Justice.

This case presents the issue of whether the standard jury instructions for “defense of dwelling,” given in this case, improperly require that the defendant must have feared great bodily harm or death to justify his use of deadly force in defending his home.

Akeem Pendleton was charged with attempted second-degree murder, Minn.Stat. § 609.17 (1996), Minn.Stat. § 609.19(1) (1992) and first- and second-degree assault, Minn. Stat. §§ 609.221 and 609.222, subd. 2 (1996), in the December 10, 1994 shooting of Tony Caine. At trial, Pendleton claimed the shooting was in self…

2Cases cited8 opinions

  1. Alholm v. WiltSupreme Court of Minnesota · 1986
  2. State v. TurnipseedSupreme Court of Minnesota · 1980
  3. State v. BoyceSupreme Court of Minnesota · 1969
  4. State v. OlsonSupreme Court of Minnesota · 1992
  5. State v. RuudSupreme Court of Minnesota · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. State v. GrillerSupreme Court of Minnesota · 1998
  2. State v. KuhnauSupreme Court of Minnesota · 2001
  3. State v. BairdSupreme Court of Minnesota · 2002
  4. State v. IhleSupreme Court of Minnesota · 2002
  5. State v. MooreSupreme Court of Minnesota · 2005

27 more not listed; retrieve them via the Exa API.

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