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STATE v. VALDEZ

A22-1424.

997 N.W.2d 557 (2023)

STATE of Minnesota, Respondent, v. Julian Daniel VALDEZ, Appellant.

Court of Appeals of Minnesota.

Filed October 16, 2023.

Attorney(s) appearing for the Case

Keith Ellison , Attorney General, St. Paul, Minnesota; and Kelsie Kingstrom , Renville County Attorney, Olivia, Minnesota; and Scott A. Hersey , Special Assistant County Attorney, St. Paul, Minnesota (for respondent).

Cathryn Middlebrook , Chief Appellate Public Defender, Andrea Barts , Assistant Public Defender, St. Paul, Minnesota, (for appellant).

Considered and decided by Johnson, Presiding Judge; Cochran, Judge; and Kirk, Judge.

OPINION

Julian Daniel Valdez shot and killed a man who had threatened to kill Valdez's stepbrother, had tackled the stepbrother, and was assaulting the stepbrother as he lay on the ground. At trial, the district court instructed the jury on Valdez's defense-of-others defense by stating that Valdez had "a duty to retreat...

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