STATE v. GLOWACKI

No. C8-99-1507.

615 N.W.2d 843 (2000)

STATE of Minnesota, Respondent, v. William GLOWACKI, Appellant.

Court of Appeals of Minnesota.

Review Granted September 27, 2000.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and Peter A. MacMillan, Rondoni, MacMillan & Schneider, Ltd., Minneapolis, for respondent.

Deborah K. Ellis, St. Paul, for appellant.

Considered and decided by CRIPPEN, Presiding Judge, AMUNDSON, Judge, and G. BARRY ANDERSON, Judge.


OPINION

AMUNDSON, Judge

Appellant challenges his convictions of domestic assault, fifth-degree assault, and disorderly conduct, arguing that the district court erred in instructing the jury that appellant had a duty to avoid the danger, even in his own home. We reverse and remand.

FACTS

This appeal arises from an incident occurring on April 8, 1999, between appellant William Glowacki and P.A. When they met, P.A. resided in Alabama. They...

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