Legal Opinion
State v. Carothers
Supreme Court of Minnesota
Decided June 17, 1999No. C8-98-86PublishedCited by 14 opinions
1Opinion of the Court
OPINION
RUSSELL A. ANDERSON, Justice.
Appellant Tony Lamar Carothers was convicted of second-degree felony murder in violation of Minn.Stat. § 609.19, subd. 2(1) (1998), and sentenced to 165 months’ confinement. He argues that the trial court erred in instructing the jury that he had a duty to retreat before using deadly force to prevent the commission of a felony in his dwelling. We hold that the duty to retreat does not attach to defense of dwell ing claims, 1 and that it was error for the trial court to instruct the jury that appellant was under a duty to retreat from his home before using…
2Cases cited21 opinions
- People v. . TomlinsNew York Court of Appeals · 1914
- State v. BoyceSupreme Court of Minnesota · 1969
- State v. HennumSupreme Court of Minnesota · 1989
- State v. BuchananSupreme Court of Minnesota · 1988
- State v. OlsonSupreme Court of Minnesota · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. BairdSupreme Court of Minnesota · 2002
- State v. GlowackiSupreme Court of Minnesota · 2001
- Trahey v. City of InksterMichigan Court of Appeals · 2015
- People v. AikenNew York Court of Appeals · 2005
- Widdison v. StateWyoming Supreme Court · 2018
9 more not listed; retrieve them via the Exa API.