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STATE v. GLOWACKI

No. C8-99-1507.

630 N.W.2d 392 (2001)

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

Supreme Court of Minnesota.

Rehearing Denied August 8, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Atty. Gen., Peter A. MacMillan, Pondoni, MacMillan & Schneider, Ltd., Minneapolis, for appellant.

Deborah Ellis, St. Paul, for respondent.

Howard Bass, Daniel Guerrero, Meshbesher & Spence, Ltd., Minneapolis, for amicus curiae MN Ass'n of Criminal Defense Lawyers.

Amy Klobuchar, Hennepin County Atty., Michael Richardson, Asst. County Atty., Minneapolis, for amicus curiae MN County Attorneys Association.

Heard, considered, and decided by the court en banc.

OPINION

PAUL H. ANDERSON, Justice.

Respondent William Glowacki was charged with assault, disorderly conduct, and domestic assault for allegedly attacking a woman in his home. At trial Glowacki asserted that he was acting in self-defense and requested that the district court instruct the jury on self-defense. The court, relying on a Minnesota Court of Appeals case that had been reversed, included a duty to retreat instruction along with a self-defense instruction...

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