# State v. Edwards

> Supreme Court of Minnesota · July 13, 2006 · 717 N.W.2d 405

URL: https://www.frixlaw.com/law-library/cases/9690376

## Case

- **Full name:** STATE of Minnesota, Respondent, v. Brian Keith EDWARDS, Appellant
- **Court:** Supreme Court of Minnesota
- **Decided:** July 13, 2006
- **Citations:** 717 N.W.2d 405; 2006 Minn. LEXIS 430; 2006 WL 1919972
- **Precedential status:** Published
- **Opinion:** Concurrence by Anderson
- **Judges:** Russell, Anderson, Paul, Hanson, Meyer
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9690376

## How later opinions describe it (automated extraction)

- stating that the “duty to retreat relates to the election to kill, making a killing unjustified if the danger was reasonably avoidable,” and that the defendant’s self-defense claim failed where he had an opportunity to retreat when he shot the victim while the defendant “was i…
- discussing the history of the revival instruction and noting that the then-existing CRIMJIG 7.07 misstates the law because it does not account for proportionality, i.e., if the defendant initiates an argument, that does not justify the victim in responding with deadly force

## Opinion text

ANDERSON, PAUL H., Justice
(concurring).
I concur. In so doing, I agree with the dissent’s concern that CRIMJIG 7.07 on self-defense may misstate the law and is in need of revision. Nevertheless, the facts of this case do not establish that appellant Brian Keith Edwards met his duty to retreat if at all possible to avoid any threatened harm presented by Timothy Oliver. For this reason, I agree with the majority’s alternative conclusion that any error in the submission of the instruction was harmless. Therefore, I agree that Edwards’ conviction should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9690376. Public record. Not legal advice.