State of Minnesota v. Julian Daniel Valdez

Syllabus

1. To justifiably use reasonable force in defense of another under Minnesota Statutes section 609.06, subdivision 1(3) (2022), a defendant must subjectively believe that the person in peril has no reasonable possibility of safe retreat, and that belief must be objectively reasonable based on the information available to the defendant at the time that they use force to defend the person in peril. The district court abused its discretion by instructing the jury that an element of respondent's defense-of-others claim was that respondent had a duty to retreat and avoid the danger if reasonably possible. 2. The court of appeals correctly concluded that the district court's erroneous instruction that respondent had a duty to retreat before acting in defense of his stepbrother was not harmless beyond a reasonable doubt and requires a new trial. Affirmed.