MN Supreme Court duty to retreat ruling

[sarisataka]

Last edited Thu Aug 1, 2024, 10:21 AM - Edit history (1)

MN Supreme Court duty to retreat ruling

When the Minnesota Supreme Court upheld two second-degree assault with a deadly weapon convictions against a man with a machete who was threatened by a man with a knife at a Minneapolis light rail station, the state's highest court also set a new precedent involving Minnesota's self-defense laws.

In a 4-2 split decision, the court wrote that longstanding Minnesota law says that there is a duty to retreat when reasonably possible before using deadly force, even when facing bodily harm.

But according to Rob Doar, the vice president of the Minnesota Gun Owners Caucus, the ruling means anyone who uses a deadly weapon in self-defense must look for a reasonable way to retreat before even showing a weapon, or they can be charged with a crime.

"Minnesota is one of the states that does have a duty to retreat. But now with this decision, we are literally the only state in the country that requires you to retreat before you even present a force option," said Doar.

https://www.fox9.com/news/mn-supreme-court-duty-retreat-ruling

While it does follow precedent of MN law, the expansion is concerning. It could be that a woman facing an assailant would have to try to flee before even grabbing her pepper spray.


Text of the ruling courtesy Ocelot II
https://mn.gov/law-library-stat/archive/supct/2024/OPA220432-073124.pdf
Ithe ruling does seem to be limited to deadly force

[bullimiami]

1. Pepper spray is not deadly force.

Reasonable ruling.
Stand your ground is unreasonable and wrong.

[sarisataka]

2. I would have to see the text of the ruling

to see if it only applies to deadly force or to nonlethal as well.

I am no fan of stand your ground however I do value the victim above the criminal.

[sl8]

3. It sounds like the decision is limited to deadly weapons.

https://www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/OPA220432-073124.pdf

(highlighting mine)

[...]

CHUTICH, Justice.
This case presents a narrow issue of first impression—whether the duty to retreat
when reasonably possible, a judicially created element of self-defense long established by our court, applies to a person who claims they were acting in self-defense when they
committed the felony offense of second-degree assault-fear with a dangerous weapon. For this decision, a dangerous weapon is limited to a “device designed as a weapon and capable of producing death or great bodily harm.”1 Minn. Stat. § 609.02, subd. 6 (2022).

[...]

[sarisataka]

4. TY. I just added a link

provided by another DUer to the text of the ruling.

It does seem to be limited to deadly force, which is reasonable.

[hlthe2b]

5. Exactly. The pepper spray merely facilitates escape. I do not see this as an issue--at all.

sans a really stupid judge (which may be out there) but not for definitive judgment.