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STATE v. DEVENS

No. A12-2065.

852 N.W.2d 255 (2014)

STATE of Minnesota, Respondent, v. Daniel Joseph DEVENS, Appellant.

Supreme Court of Minnesota.

August 20, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Michael Everson , Assistant Attorney General, Saint Paul, Minnesota, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Sharon E. Jacks , Assistant State Public Defender, Saint Paul, Minnesota, for appellant.

OPINION

LILLEHAUG, Justice.

At his trial for third-degree assault, appellant Daniel Joseph Devens claimed that he acted in self-defense during a hallway confrontation with a non-resident of his apartment building. Over Devens' objection, the district court instructed the jury that Devens had a duty to retreat if reasonably possible before acting in self-defense. After the jury found him guilty of third-degree assault and the lesser included offense of fifth...

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