State of Minnesota v. Daniel Joseph Devens, 2014 Minn. LEXIS 408

Late-night altercation in a secured Waseca apartment building hallway: resident Daniel Devens confronted non-resident J.P. after hearing noise; a fight ensued and J.P. was injured.
Devens claimed self-defense; police charged him with assault (first-degree charge dismissed; tried on third-degree assault).
District court gave self-defense instructions including a duty-to-retreat (CRIMJIG 7.08); court found hallway non-exclusive and not equivalent to the home.
Jury convicted Devens of third-degree assault and the lesser included fifth-degree assault; sentence stayed and probation imposed.
Devens appealed arguing the castle doctrine should apply to the apartment hallway (no duty to retreat); Court of Appeals affirmed.
Minnesota Supreme Court granted review limited to whether the duty to retreat applies in an apartment hallway against a non-resident and affirmed the duty to retreat.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a resident in an apartment hallway must retreat before using force in self-defense	State: hallway is non-exclusive common area; duty to retreat applies	Devens: hallway is part of his home (castle doctrine); no duty to retreat	Duty to retreat applies in non-exclusive apartment hallway; castle doctrine not extended

State v. Johnson, 719 N.W.2d 619 (Minn. 2006) (home occupant need not retreat for self-defense)
State v. Carothers, 594 N.W.2d 897 (Minn. 1999) (early Minnesota law treats the home as a sanctuary; no duty to retreat inside dwelling)
State v. Glowacki, 630 N.W.2d 392 (Minn. 2001) (duty to retreat applies outside the home; self-defense elements and reasonableness)
State v. Basting, 572 N.W.2d 281 (Minn. 1997) (four elements of statutory self-defense, including lack of reasonable possibility of retreat)
People v. Hernandez, 774 N.E.2d 198 (N.Y. 2002) (location qualifies as dwelling for self-defense only where occupier has near-exclusive possession/control)