STATE v. BAIRD

No. C1-01-894.

654 N.W.2d 105 (2002)

STATE of Minnesota, Petitioner, Appellant, v. Jeffrey Warren BAIRD, Respondent.

Supreme Court of Minnesota.

December 5, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, Kelly O'Neill Moller, Assistant Attorney General, Charles C. Glasrud, Stevens County Attorney, Morris, for Appellant.

John M. Stuart, State Public Defender, Marie Wolf, Assistant State Public Defender, Minneapolis, for Respondent.

Considered and decided by the court en banc without oral argument.


OPINION

RUSSELL A. ANDERSON, Justice.

We are asked in this case if our holding in State v. Glowacki, 630 N.W.2d 392, 402 (Minn.2001)—that when acting in self-defense there is no duty to retreat from one's own home even if the aggressor is a co-resident—is to be given retroactive application. We hold that the Glowacki rule applies retroactively. Further, we hold that the district court's erroneous...

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