CASE LAW UPDATE: A homeowner has no duty to retreat from his own home before defending himself
The law provides that a homeowner is The King of his Castle.
Defendant was convicted of felony 2nd degree assault with a dangerous weapon. On appeal, defendant argued that the trial court committed plain error when it included a clearly erroneous jury instruction. The Minnesota Court of Appeals held that a individual does not have a duty to retreat from his home before defending himself. The Court then held that the trial court’s instruction that the legal excuse of self defense was only available to those who acted honestly and in good faith, including the duty to avoid the danger if reasonable possible was plainly erroneous. However, the conviction was not reversed because the defendant’s use of force, severely beating the victim with a wooden baseball bat, was not reasonable. Affirmed.
State v. Onuko, A19-0701, Hennepin County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.