· 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 CourtListenerSourced 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.