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· 8/20/2014

State of Minnesota v. Daniel Joseph Devens

Citations

  • 852 N.W.2d 255
  • 2014 WL 4087217
  • 2014 Minn. LEXIS 408

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that a person can use “only the level of force reasonably necessary to prevent the bodily harm feared”
  • stating that a particular location is part of a defendant’s dwelling depends on whether the defendant exercises exclusive possession and control over the area in question
  • requiring an “honest belief . . . in imminent danger of . . . bodily harm” and no “reasonable possibility of retreat”
  • stating the word “dwelling” within burglary statute’s definitional section is “broad enough to include an apartment hallway”
  • declining to extend the castle doctrine to the hallway of defendant’s apartment building
  • declining to extend the castle doctrine and stating that “if a person is outside his or her home and can safely retreat, then the person’s use of force is unreasonable as a matter of law”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lillehaug

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.