STATE v. SOUKUP

No. C8-02-885.

656 N.W.2d 424 (2003)

STATE of Minnesota, Respondent, v. Philip Leighton SOUKUP, Appellant.

Court of Appeals of Minnesota.

February 11, 2003.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, Mn; and Terry L. Adkins, Rochester City Attorney, SaraJane M. Olson, Assistant City Attorney, Rochester, Mn, for respondent.

John M. Stuart, State Public Defender, Roy G. Spurbeck, Assistant Public Defender, Minneapolis, Mn, for appellant.

Considered and decided by HALBROOKS, Presiding Judge, SCHUMACHER, Judge, and HUDSON, Judge.


OPINION

HUDSON, Judge.

Appellant Philip Leighton Soukup challenges his misdemeanor conviction of disorderly conduct, arguing that the trial court erred by ruling that, as a matter of law, self-defense does not apply where the defendant is charged with the offense of disorderly conduct. We hold that a defendant may raise a claim of self-defense to a charge of disorderly conduct where the behavior forming the basis of the offense presents the threat of bodily...

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