State of Minnesota, Respondent v. Tony Lamar Carothers, Petitioner, Appellant

Summary

The court held that a person defending a dwelling against the commission of a felony has no duty to retreat, and that the trial court therefore misstated the law by instructing the jury that Carothers had to retreat from his home before using deadly force. Because the erroneous instruction was emphasized in response to the jury's question and was followed shortly by guilty verdicts, the court could not conclude beyond a reasonable doubt that it had no significant impact. The conviction was reversed and the case remanded for a new trial.